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(영문) 춘천지방법원 강릉지원 2018.08.30 2016고단1752

권리행사방해

Text

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

Reasons

Punishment of the crime

On June 23, 2011, the Defendant purchased benz dump trucks (C) in Jung-gu Seoul Metropolitan Government, and took out loans of KRW 172,400,000 on condition that the said truck is offered as collateral to the victim’s gump dump, Inc., and completed the registration of the establishment of mortgage on the said truck on June 27, 201.

However, as it is difficult for the Defendant, in order to pay other debts in the vicinity of the Ansan-si, the Defendant concealed objects that became the object of the victim’s right and interfered with the exercise of the right by transferring the truck to the trading company of the motor vehicle in an unreshion to a substitute strawing vehicle in order to make it impossible to identify its location.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of accusation forms, loan agreement forms, decision forms, registration registers of construction machinery, and deposit details Acts and subordinate statutes;

1. The relevant legal provisions on criminal facts and Article 323 of the Criminal Act on the grounds for sentencing [the scope of recommending punishment] [the grounds for sentencing] of the basic area (six months to one year) (including interference with the exercise of rights] of the first type (six months to one year) of the Criminal Code [the sentence] [the defendant is sentenced] of the crime of this case, where the defendant obtained a loan of KRW 172,400,000 from the injured party and sold a truck offered as security to a large vehicle, and the crime of this case is not good quality, and the damage is not 250,000,000, but the damage is more than 250,000,000, but the damage is not recovered, and thus, the defendant is sentenced to imprisonment with prison labor.

However, in light of the fact that the defendant has no record of punishment in excess of a fine, and the age, sex, environment, motive and circumstances of the crime, and circumstances that are conditions for sentencing, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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