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(영문) 서울북부지방법원 2017.04.28 2016고단5572
권리행사방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On December 23, 2015, the Defendant: (a) obtained a loan of KRW 13.7 million from the Plaintiff’s A-201 C Office at the Nam-gu Incheon Metropolitan Government Office B and A-201 C; and (b) established, as security, a right to collateral security against D with a cargo amounting to KRW 15 million at the market price of the Defendant’s possession as the maximum amount of the loan.

On March 2016, the Defendant delivered one-person F, whose personal information is unknown in the vicinity of Seoul Jung-gu, Seoul, to the victim, concealed his/her whereabouts in a way that makes his/her whereabouts unknown, thereby hindering the victim from exercising his/her rights.

2. On December 5, 2015, the Defendant entered into a motor vehicle lease agreement with the employees of the victim slune Co., Ltd. at the 1065 slunae Yancheon-gu, Seoul, with a view to paying KRW 2,3190,00 in a monthly rent of KRW 520,000 for 60 months, and kept the said motor vehicle for the victim.

At around May 2016, the Defendant borrowed KRW 9 million to H, a creditor, in the vicinity of the Myeongdong mobilization market in Jung-gu Seoul, Jung-gu, Seoul, and provided it as security at will.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written complaint filed by a Korean Barun, Inc.;

1. Application of Acts and subordinate statutes to a report on investigation (the statement of the Chief ofH Office);

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, Article 323 of the Criminal Act, Article 355 (1) of the Criminal Act (the point of embezzlement), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Each of the instant crimes on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is with a total of KRW 52,558,000,000,000,000,000,000,000,000,000,000 for the monthly rent for the instant car under the condition that the Defendant paid 3 times a sum of Dice truck.

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