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(영문) 인천지방법원 2015.06.19 2015고정57
권리행사방해등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant borrowed 5 million won in cash from the victim C (23 years old), who is a part of society, to take charge of the pre-construction site security service, and was unable to pay 10 million won in wages to the victim C, and thus, the defendant has opened up a letter of performance that "to make efforts to settle the amount of debt by collateral security and to settle the amount of debt" on March 8, 2012.

1. On February 2013, the Defendant obstructed the exercise of rights by exercising a victim’s right by using a DNA car, which has been the object of possession or right, as security of the victim C’s credit, in front of the building, Nam-gu Incheon E, Incheon.

2. A thief: (a) at the time and place specified in paragraph (1) of this Article, the Defendant: (b) committed theft with the victim F, who was temporarily in operation of D’s Grand Project, a bond security of C, having a vehicle located in the vehicle, having a vehicle of KRW 400,000 in the market value of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won; and (c) committed theft with a vehicle of KRW 1,00,000,000,000,000 in cash and KRW 2,32,00.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Statement of each police statement related to C and F;

1. Application of Acts and subordinate statutes to the details of inspection of a performance note or motor vehicle register;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act, Article 329 of the Criminal Act, and the choice of a fine for a crime;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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