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(영문) 수원지방법원 안산지원 2016.12.22 2016고단3403
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant purchased d’s c’s c’s c’s c’ office located in Sungsung-si, and took loans of KRW 84,000,000 on equal terms for the repayment of the principal and interest of KRW 2,027,100 every 48 months from the victim Non-Indicted Capital Co., Ltd. for 48 months from the said c’s c’s c’s c’ office, and established a mortgage on KRW 84,00,000 on the said c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of each Act and subordinate statute of the written complaint, written application for installment financing, written contract to establish a mortgage, and written protocol of impossibility of delivery of automobiles;

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

1. The Defendant shall be sentenced to imprisonment with prison labor, taking into account the following circumstances: (a) the scope of recommendation of the reasons for sentencing under Article 62(1) of the Criminal Act; (b) the scope of suspension of execution; and (c) the area of mitigation (one to eight months) (special mitigation); (d) the amount of damage not to be punished (including a serious effort to recover damage); and

However, the defendant shows an attitude against the crime of this case, and considering the circumstances that the victim financial company and the victim financial company have agreed smoothly after the prosecution, the sentence like the order will be set and the execution of imprisonment will be suspended.

It is so decided as per Disposition for the above reasons.

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