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(영문) 수원지방법원 안산지원 2016.03.30 2015고단4073
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2014, the Defendant obtained a loan of KRW 19,200,000 from the injured party to the office of the injured party Oral Capital Co., Ltd., which has filed a lawsuit with the Jung-gu Seoul Metropolitan Council over 39, on the condition that the principal and interest of KRW 738,800 per month between 36 months was repaid from the injured party, and in order to secure the above claim on the same day, the Defendant set up the lower right of claim amounting to KRW 19,20,000,000 as the mortgagee on the B B, which is owned by

After that, the Defendant paid the principal and interest only until May 15, 2014, and received a continuous demand from the injured party for the payment of the principal and interest by overdue payment, and the Defendant delivered the said vehicle to secure the claim of KRW 7 million from the person who was under the name of the name of August 2014, and made it impossible to identify his location, thereby interfering with the victim’s exercise of rights by concealing the vehicle which became the object of the victim’s mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A copy of the notice of the termination of a contract of clerical gathering, such as a copy of the written agreement of clerical gathering, and a copy of the domestic registration inquiry;

1. A copy of a motor vehicle registration information confirmation (low details, etc.);

1. Application of Acts and subordinate statutes on dispatch of letters;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The Defendant’s age, sex, environment, background of the instant crime, circumstances after the instant crime, etc. are against the reason for sentencing under Article 62(1) of the Criminal Act, and the fact that the primary crime was not recovered from damage;

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