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(영문) 의정부지방법원 2017.12.14 2017고정2384
권리행사방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2013, the Defendant borrowed KRW 8,90,000,000 from the Silg-ri Station located in Chog-ri, Sin-si around May 13, 2013, the Defendant provided it as security to the victim when the Defendant borrowed KRW 8,90,00 from the Hyundai Capital Co., Ltd., the Defendant used it as security and obstructed the Defendant’s exercise of rights by concealing it by borrowing KRW 1,00,000 to the needy person in the name of the Defendant without the consent of the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, a written application for a second half of modern Capital, a motor vehicle registration ledger (B), and a written statement of C;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act is the first sentence of sentencing of Article 334(1) of the Criminal Procedure Act; the defendant recognized the criminal facts of this case and reflects his mistake; the defendant is the age of 68 years old; the economic situation as a person with disabilities of the sixth level, seems to have not been a judicial branch for the judicial branch, and the fact that there is no record of special criminal punishment except for those punished once by a fine due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2014.

However, the crime of this case, which prevents the victim from exercising his rights by transferring the vehicle that the defendant created a mortgage to another person as security, is not less than the nature of the crime in light of the content and method of the crime, and the fact that the agreement or full damage with the victim has not been restored until now, the balance of general punishment in the same and similar cases, and the defendant's age, sex, conduct, intelligence and environment, the motive and background, means and consequence of the crime of this case, the circumstances after the crime, and criminal records.

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