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(영문) 인천지방법원 2013.10.23 2013고단3558

권리행사방해등

Text

A defendant shall be punished by imprisonment for one year.

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

1. On September 21, 201, the Defendant: (a) purchased C dump truck at KRW 93 million; (b) borrowed funds for the purchase of dump truck from the Korea Savings Bank to the victim; and (c) established a mortgage on the said vehicle with the claim value of KRW 93 million as the mortgagee on the same day; (d) purchased D dump truck at KRW 75 million on September 30, 201; (b) borrowed funds from the victim company for the purchase of dump truck at KRW 75 million; and (c) around October 5, 2011, the Defendant created a mortgage on the said vehicle with the claim value of KRW 75 million as the mortgagee.

Nevertheless, around December 201, the Defendant issued one scarp truck and one scarp truck owned by the Defendant to E with a dump truck with a dump truck with a dump truck owned by the bank in lieu of the obligation to be repaid up until then, and bring profits from the operation of the dump truck with a dump truck owned by the Defendant in lieu of the obligation to be repaid up until then.”

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and interfered with the victim's exercise of right.

2. A person who intends to operate construction machinery business violating the Construction Machinery Management Act shall register with the competent authority by type of the business;

Nevertheless, the Defendant, without registering the construction machinery rental business to the competent authority, provided the said D dump trucks registered for his own use to the said E, and had the said E operate the said Dump trucks at the construction site of Seodaemun-gu Seoul Seodaemun-gu apartment construction site around 12:00 on June 26, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A H statement;

1. Application of the loan agreement on each motor vehicle and construction machinery, the construction machinery register, and accusation statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;