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(영문) 제주지방법원 2018.06.05 2017고단2402

권리행사방해

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On May 21, 2012, the Defendant: (a) purchased one unit of C Hyundai D D D D D D D D’s construction machinery; (b) borrowed KRW 44 million from the Victim A Capital Co., Ltd. (hereinafter “victim”); and (c) around June 14, 2012, around June 15, 2012, the Defendant created a mortgage on construction machinery of KRW 42 million against the Defendant at the same time as the new registration was completed under the Defendant’s name as a collateral for the borrowed money.

In August 2012, the Defendant: (a) in the vicinity of the Jeju-si Jeju-si, F, who was unable to know the identity of the injured party, would be the car if he delivers the said sowing machine to himself.

By delivering the above click clicker with a high mobility, it was remarkably difficult for the victim to find the above click clicker which is the object of the mortgage, thereby hindering the victim's exercise of rights.

2. On June 26, 2012, the Defendant: (a) purchased one unit of the two mountain infrastructure Co., Ltd. at the main branch of Chocheon-do, Chocheon-do, the Jeju-si, in Jeju-do, located in 242 in the future; (b) borrowed KRW 52 million from the damaged; and (c) registered newly under the Defendant’s name on July 26, 2012; and (d) set up a mortgage on construction machinery worth KRW 52 million from the bond value to the victim on July 27, 2012 as security for the borrowed money.

On July 2012, the Defendant: (a) delivered construction machinery from the end of Jeju-do; (b) delivered the franchising machine with a high mobility in which the injured party did not know his/her identity; and (c) caused the injured party to have a substantial difficulty in discovering the franchising machine, which is the object of the mortgage; and (d) obstructed the victim’s exercise of rights

Summary of Evidence

1. Statement of the defendant in the sixth public trial records;

1. Legal statement of the witness H;

1. Partial statement of the witness F;

1. Each police statement made to I and J;

1. An application form for each error and for each change in conditions;

1. The register of construction machinery;

1. Application of each statute of limitations on loans.