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(영문) 광주지방법원 해남지원 2016.01.21 2015고단492
권리행사방해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 20, 2012, the defendant obtained a loan of KRW 24 million from the two U.S. In the D office located in Daejeon Seo-gu, Daejeon, the defendant set up a right to collateral security with the content that the victim is a mortgagee in the above D office.

On March 2012, the Defendant leased the above excavation search machine to G on condition that G receive KRW 12,00,000,000,000 from a construction site located in J in Jin-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and prevented the victim from exercising his rights by concealing one’s own goods which became the object of the victim’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A copy of the agreement on loan application, a copy of the register of construction machinery, and the application of statutes on credit information;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no basic area (6 months to one year) (i.e., interference with the exercise of rights) [the person subject to special sentencing] [the decision subject to sentencing] [the decision subject to sentencing] ratio of the amount repaid out of the amount loaned, the amount of damage suffered by the victim, the criminal records of the defendant, economic circumstances, etc., and the sentence is

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