(영문) 인천지방법원 2017.06.01 2017고단2356

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(영문) 인천지방법원 2017.06.01 2017고단2356

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 December 15, 2015, the Defendant, at the office of the victim filial Capital Co., Ltd. (178-105, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, 178-105, granted a loan of KRW 75 million from the above damage in the amount of annual interest rate of KRW 19.9% per annum for 48 months and granted a equal repayment of principal and interest for 48 months from the above damage, and created a mortgage on one of the above debt owned by the Defendant as a security for the above debt on December 18, 2015.

Although the Defendant kept the said car, which was the object of the mortgage, as above, was unable to repay the loan to six times until June 20, 2016, and thereafter to repay the loan. On July 20, 2016, the Defendant made it impossible for the Defendant to grasp the location of the said car by taking over the said car to the Defendant as security against loans to the non-name loaner at KRW 20 million.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 suspension of execution (the following favorable circumstances):

1. 【The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act 【the scope of recommended punishment 【the scope of recommendation 【the scope of the exercise of the right 】 The area of mitigation [8 months] - The victim’s punishment is not permissible (Withdrawal of complaint) - The victim’s general mitigated person: The amount of punishment - the amount of punishment - the amount of punishment - the amount of punishment - the amount of punishment - the amount of punishment - the amount of punishment - the amount of imprisonment 4 months within the recommended range of punishment

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제323조

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