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(영문) 수원지방법원 안산지원 2017.07.20 2017고단428
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 8, 2013, the Defendant received a loan of KRW 16.3 million from the Defendant’s Hyundai Capital Co., Ltd., and around May 13, 2013, around May 13, 2013, the Defendant established the said victim’s company as the obligee, the Defendant as the obligor, the maximum amount of the bond at KRW 16.3 million.

Nevertheless, in July 2013, the defendant borrowed 2 million won from the bonds company in the Buddhist area at the time of Ansan-si (hereinafter referred to as the "Seosan-si") and offered the above car as security.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim’s right, by making it unclear the location of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the examination mark, contract, certificate of seal imprint, and certified copy of the motor vehicle registration ledger;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person who is subject to special sentencing] [the decision of sentence] recognized the defendant's mistake and reflects his/her decision, and the defendant has no record of committing a crime exceeding the amount of punishment or fine for the same kind of crime, etc., a favorable circumstance such as the fact that the defendant has no record of punishment for the same kind of crime and all the conditions of sentencing under Article 51 of the Criminal Act shall be determined in consideration of the order.

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