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(영문) 서울북부지방법원 2017.08.31 2017고단1837
권리행사방해
Text

The punishment of defendants shall be four months in prison.

The execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2016, the Defendant was sentenced to a suspended sentence of one year for four months by obstructing the exercise of rights by Seoul Northern District Court. The judgment became final and conclusive on the 30th of the same month.

On March 20, 2012, the Defendant, in Seongdong-gu Seoul, purchased D's No. D's car (hereinafter "N's car") under the Defendant's name in Seongdong-gu Seoul, and agreed to borrow KRW 35 million from Hyundai Capital Co., Ltd. (hereinafter "Mo Capital") and pay KRW 1,399,009 per month between 36 months.

On the same day as security, the defendant set the maximum amount of the claim amount of KRW 35 million to the Hyundai Capital.

However, on October 2012, the Defendant transferred its claim of KRW 20 million to G with a claim of KRW 20 million in the F Office operated by the Defendant in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

The Defendant concealed these four times and interfered with the exercise of rights by the modern capital of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A H statement;

1. A certified copy of the motor vehicle registration ledger;

1. Criminal history: References to inquiries, application of investigation reports (Attachment to the same type of court rulings of the suspect) and statutes;

1. Article 323 of the Criminal Act, Article 323 of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Recognition of errors in the determination of punishment under Article 62 (1) of the Criminal Act;

The principle of equity shall be taken into account in cases where judgment has been rendered, as shown in the instant case and the final judgment.

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