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(영문) 대구지방법원 서부지원 2013.11.28 2013고단609

권리행사방해

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

Around April 3, 2012, the Defendant purchased D Hyundai Exctations in Seongbuk-gun B, Seongbuk-gun, the Defendant borrowed KRW 57 million from the victim Aju Capital Co., Ltd., and on April 5, 2012, the Defendant created a mortgage over the amount of KRW 57 million at the claim value of the victim as a mortgagee against the above Exctations as security for the above obligation.

However, on August 2012, 2012, the Defendant handed over the above excavation searcher from E as security about about 40 million won, and at present, the whereabouts of the excavation searcher cannot be known.

As above, the Defendant concealed the subject matter of the victim’s right so that the location of the victim’s excavation equipment owned by the Defendant could not be confirmed, and obstructed the victim’s exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. The application of statutes, such as statement by police to F, notarial deed, etc.;

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

참조조문