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(영문) 수원지방법원 2017.10.13 2016고단8057
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal records] On September 6, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Suwon Giwon, and the judgment became final and conclusive on September 14, 2017.

[2] On May 5, 2015, the Defendant obtained a loan of KRW 8,00,000,000 for the purchase price of the said car from the victim Amateur Savings Bank in a 36-month equal installment repayment method, and around May 12, 2015, set up a collateral security right at KRW 8,000,000,000 for the said car.

From October 6, 2015, the Defendant paid 825,124,00 won of the principal of the loan to the victimized company and did not repay the remainder of the loan, but the facts charged around May 28, 2015 were first patrolmen on October 28, 2015, but the time when the loan was delivered from G and H as a result of the examination of evidence was unfolded on May 28, 2015.

Even if the date and time of the crime are revised in accordance with the facts, it is deemed that there is no risk that the defendant will be disadvantaged in exercising his right to defense, so it is not required to go through amendments to Bill of Indictment,

D by demanding "to prepare money on the security of a vehicle," and offered money to E through D to secure the said rocketing car, thereby making it unclear the location of the said rocketing car.

Accordingly, the Defendant concealed the said rocketing car owned by the Defendant, which was the object of the rights of the victimized company, and obstructed the exercise of rights by the victimized company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of suspects of D;

1. Investigation report (F currency);

1. A complaint, a loan application form, a motor vehicle registration ledger, a ledger of general funds loans, inquiry into deposits, details of transactions, and inquiry into reimbursement;

1. Previous convictions: Results of inquiry about criminal history, 7 copies of the judgment, text of the judgment, details of the progress of the case, status of acceptance, defense counsel's defense counsel.

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