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(영문) 서울동부지방법원 2016.12.08 2016고단3453
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 23, 2011, the Defendant borrowed 23,000,000 won from the victim's social community (ju) in the 281-4 office located in the Matoro Building No. 281 located in the Gyeonggi-si, Seoul Special Metropolitan City. In order to secure the victim's credit, the Defendant provided the above vehicle with the loan at the bond price, and provided the victim with the collateral security.

Since then, the Defendant received a loan from an indeterminate borrower at the above temporary location and concealed the above vehicle, thereby hindering the victim's exercise of the right to collateral security.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of S;

1. Application of Acts and subordinate statutes to the register of automobiles, such as the complaint, copy of register, computer review table, second and second installment agreement;

1. Grounds for sentencing under Article 323 of the Criminal Act by applicable Articles of the facts constituting the crime and by selecting the penalty;

1. Where the person intentionally commits a crime with dolus negligence in the mitigated area (from to 8 months) of obstruction of another’s exercise of one’s right, etc. (the scope of recommending a punishment).

2. Determination of sentence: (a) the details of the instant crime; (b) the circumstances before and after the instant crime; and (c) no measures have been taken to recover damage, such as reimbursement of the amount of damage; and (d) the sentencing conditions indicated in the records, such as the

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