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(영문) 수원지방법원 안산지원 2016.10.13 2016고단2434
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2013, the Defendant: (a) purchased the first floor FF124 of the MPP Complex 158 as in the Seo-gu Incheon, Seo-gu, Incheon; (b) obtained a loan of KRW 21,00,000 from the victim Korea Social Co., Ltd. for 36 months; and (c) paid the principal and interest of KRW 779,365 each month in equal installments for 36 months; and (d) established a mortgage of KRW 6,00,000 at the bond value on the 30th day of the same month in the future of the social Co., Ltd., which us created in the said car, and around August 2 of the same year, a mortgage of KRW 4,50,000,000 in the bond value.

Nevertheless, in December of the same year, the defendant borrowed KRW 8 million from a person who was absent from his name, and delivered the above car as a collateral, thereby making it impossible to grasp the location of the above car.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes of the Ministry of First and Second Instance/Loan Agreements, Application of the High and Second Instance/Loan, Automobile Register (A), and Automobile Register (B).

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Obstruction of Exercise of Rights (Obstruction of Rights) No person who does not have the basic area (6 to 1 year) [decision of sentence] / Decision of sentence / Decision of sentence ] Defendant acknowledges and reflects his/her mistake, and Defendant paid a vehicle for a total of three million won through four times, etc. / The same sentence as the order shall be determined by taking into account favorable circumstances such as the payment of vehicle charges for a total of three million won and all the conditions of sentencing stipulated in

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