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(영문) 인천지방법원 2014.02.11 2013고단7316

권리행사방해등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2013 Highest 7316] Defendant substantially operated D Co., Ltd.

The Defendant, even though it is difficult for the Defendant to operate the company, was aware that the 17th wing 17 tons of the freight truck owned by the said company was the subject of the right to collateral security (right to collateral security) of the said company, and thus, would be prevented from exercising the right to collateral security (right to collateral security) if not sold normally, he would sell the said 17th wing to the Nonindicted Party, who is the distributor of the said 17th wing.

On April 18, 2013, the Defendant: (a) concealed the cargo vehicle from the Defendant Company’s possession of the Defendant Company, which was the purpose of collateral security (the maximum claim amount of KRW 12,630,000,000,000,000,000) of the Victim’s Social Co., Ltd., for the purpose of collateral security (the maximum claim amount of KRW 14,000,000,000), and obstructed the Defendant’s exercise of the right of the said Victim Company, the mortgagee, from around that time to April 22, 2013; and (b) concealed the cargo vehicle from the Defendant Company’s possession of the Defendant Company, which was the object of collateral security, by delivering it to the needy, as indicated in the list of crimes in the attached Table, to the extent that the Defendant could exercise the right of collateral security equivalent to KRW 2,137,260,00,00 of the maximum claim amount of the victims.

[2013 Highest 7675] On August 10, 2013, the Defendant, without a driver’s license on August 22, 2013, driven a Flusck car at approximately 200 meters from the front road of the central elementary school located in the Gandong-gu Haakdong-ri, Haakdong-gu, Haakdong-gu, Haakdong-dong, with an alcohol level of 0.175% under the influence of alcohol level.

Summary of Evidence

[2013 Highest 7316]

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Copies of each police interrogation protocol of H, I, J, K, L, or M;

1. Each police statement on G, N,O, P, Q, R, T, U, V,W, K, J, M, L, X, andY;