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(영문) 수원지방법원 2017.07.04 2017고단2493
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 March 27, 2013, the Defendant: (a) obtained a loan of KRW 26,300,000 from the victim Hyundai Capital Co., Ltd. on a monthly rate of KRW 27.9%, monthly repayment of KRW 1,04,786 for 36 months; and (b) agreed to set up a right to collateral security for a loan of KRW 26,30,000 with respect to a loan of KRW 26,30,00 with respect to a loan of KRW 26,30 with respect to a loan of KRW 36 months.

After that, on May 20, 2013, the Defendant lent KRW 7,590,00 from a lender who is unable to know the trade name in the vicinity of the examination site of the previous North Korean driver's license in Geumcheon-gu, Seoul Special Metropolitan City on May 20, 2013 to the employees of the lending company who is not named in the name of the lending company and could not secure its location.

In this respect, the defendant concealed a cuss car in the middle and the subject of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A report on investigation (as to the location of a vehicle):

1. Account transactions;

1. An abstract, such as the motor vehicle registration ledger;

1. Application of the Acts and subordinate statutes concerning heavy loan applications and certificates of seal imprint;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the exercise of rights, the absence of any type 1 [the scope of recommended punishment] [the scope of recommended punishment], the basic area of punishment, six months of imprisonment, or one year of imprisonment.

3. Determination of sentence: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and background of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

[The favorable circumstances]

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