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(영문) 수원지방법원 안산지원 2015.07.16 2015고단778
권리행사방해
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Suwon District Court, and the judgment became final and conclusive on March 28, 2014.

On November 4, 2009, the Defendant entered into a loan agreement with the victim under the condition that the amount is repaid to the victim in equal installments during the 36-month period from November 4, 2009 to November 25, 2012, even though the mortgagee, the secured debt amount of the above passenger car amount of KRW 13,90,000,000,000 from the office of the Korea Food & Drug Service Korea Co., Ltd., Ltd., and the victim borrowed 278,000,000,000 won from the victim's vehicle purchase amount from the victim during the 36-month period. On November 5, 2009, the Defendant concealed the above vehicle as the object of the victim's security by taking out the loan of KRW 10,000,000 from the non-loan in the Handong-gu parking lot located in Ansan-gu around August 201.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A loan agreement;

1. Automobile register;

1. Previous convictions in judgment: Criminal records, investigation reports (reports on confirmation of the fixed date of each defendant A), two copies of judgment, one copy of integrated case search, and one copy of the Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [whether or not the sentencing guidelines are applied] are crimes subject to the sentencing guidelines, but the crime of this case and the crime of fraud for which the judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act

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