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(영문) 서울북부지방법원 2016.03.25 2015고단3742
권리행사방해
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 29, 2013, the Defendant: (a) purchased 1 CDs C20-I car at the C office located in the G office located in Gwangju on November 29, 2013; (b) agreed to obtain a loan of 25 million won from one victim (ju), and to pay 890,070 won per month for 36 months; and (c) on the security of the said car, the Defendant set up a mortgage of 12,50,000 won for the secured bond amount on December 3, 2013.

Nevertheless, on May 2015, the Defendant: (a) lent 9.8 million won to a person who was not aware of the location of the vehicle, which became the object of a mortgage, in the vicinity of Gangnam-gu Seoul, Gangnam-gu; and (b) concealed it as security; and (c) prevented the victim from exercising his/her rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 323 (1) of the Criminal Act concerning a crime and Article 323 (1) of the same Act concerning the selection of punishment;

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

1. The statutory penalty under Article 334 of the Criminal Procedure Act: The sentence of imprisonment with prison labor for not more than five years or for not more than seven million won: The sentence of ten months: The sentence of a fine: the defendant, including the defendant’s age, sex, family environment, etc., including the person who has been sentenced to the sentence of a fine of not more than seven million won, shall be determined as set forth in the order by taking into account various conditions of sentencing specified in the arguments, such as the age, sex, family environment

A aggravated person: A person who has been given reduction, such as a confession, absence of efforts to recover damage, and recent years of production due to the default of fines: A confession, absence of imprisonment without prison labor or any heavier punishment, payment of loans (total 11,475,87) for 13 installments, and reference information: during the separate trial (Seoul Northern District Court 2015 Jinbu District Court 4786 High Court 4786 High Court 2015 High Court 2015 High Court 2016, April 18, 2016). The defendant wishes to separate the defendant

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