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(영문) 인천지방법원 2016.02.15 2015고단7107
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On December 31, 2014, the Defendant purchased B-A6 car from a trading company B-A-A-A-A-6 car located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and entered into a contract for vehicle price lending of KRW 21 million with the victim company E-A-A-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U

Nevertheless, on February 2015, the Defendant purchased 6,500,000 won from a non-performing lender and built the said automobile.

Accordingly, the defendant concealed the object of the victim's right and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application for loan, inquiry into the president of a general loan loan, inquiry into details of deposits, inquiry into repayment, application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the type of decision] [Interference with Exercise of Rights] - Class 1 [Special Sentencing] (person in charge of sentencing] - The elements of mitigation: The areas of mitigation of punishment not [the area of recommendation]: Imprisonment with labor for January to August [the area of mitigation] - The major reasons for suspension of execution - The positive grounds for suspension of sentence [the decision of sentence] 4 months, suspension of execution 2 years, community service hours 80 hours; and

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