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(영문) 수원지방법원 안산지원 2016.09.21 2016고단2726
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2012, the Defendant borrowed KRW 8 million from C on October 23, 2015, while borrowing KRW 18 million from the injured party for the purchase of BMW vehicles from the office of capital, the Defendant agreed to repay the loan by means of equal repayment of principal and interest for 36 months, while borrowing KRW 8 million from C on the said vehicle for the victim company on January 26, 2012.

Accordingly, the defendant concealed the above car which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A complaint;

1. Application of the subsidiary financial agreement to be made and the Acts and subordinate statutes of the Automobile Registration Register;

1. Relevant Article 323 of the Criminal Act, the choice of imprisonment, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant's responsibility for the crime of this case is not against the law.

However, the defendant led to confession and reflect on the crime of this case.

There are no criminal records of the same kind.

In addition, all the sentencing conditions shown in the records and theories of this case, such as the amount of secured debt of mortgage, character and conduct of the defendant, environment, motive and circumstance after the crime, etc., shall be determined as ordered by considering the following factors.

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