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(영문) 춘천지방법원 원주지원 2018.08.22 2018고단603

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 12, 2016, the Defendant was sentenced to six months of imprisonment with prison labor from the original branch of the Chuncheon District Court on January 12, 2016 and the judgment became final and conclusive on January 20, 2016.

Criminal facts

On March 12, 2014, the Defendant: (a) purchased B B B 13.5 tons dump trucks from the trading company of the company that was on the non-furnal surface at the time of the competition in light of the light; (b) borrowed a loan from the Defendant’s Hyundai Capital Co., Ltd. to pay KRW 99 million in installments each month for 60 months; and (c) set up a collateral security right equivalent to KRW 69.3 million for the said truck.

However, on December 2, 2014, the Defendant: (a) borrowed KRW 20 million to a registered bond broker in the vicinity of the Hahbuk-gun, Chungcheongnam-do; (b) provided the above truck as security; and (c) concealed the truck so that its location cannot be known; and (d) interfered with the Defendant’s exercise of rights as to the right to the right to the root of the victim

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Registers of construction machinery registration, notices on the transfer of bonds and orders for payment;

1. Inquiry into criminal history, each investigation report, and application of the statutes of the judgment text;

1. Article 323 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) there are favorable circumstances for the defendant, such as the fact that the reason for sentencing under Article 39(1) is pening his mistake in depth; (b) however, in light of the method and result, the crime of this case is very heavy and has not been supported by the victim despite the considerable period of time after the crime; (c) the motive and circumstance of the crime of this case; (d) circumstances after the crime of this case; (e) circumstances after the crime of this case; and (e) circumstances such as the defendant's age, occupation, family relationship, health condition; and (e) interference with the crime of this case and the exercise of rights already became final and conclusive.