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(영문) 인천지방법원 2014.02.05 2013고단3225

권리행사방해등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

on the part of the defendant B.

Reasons

Punishment of the crime

[205] (Defendant A) around the site of new apartment building in Seo-gu Incheon Metropolitan City, and Defendant A sold the F, G, H and I dump trucks in the name of Defendant F, G, H and I 4 dump trucks in the name of the victim E, each of which is set up a right to collateral security of 145 million won.

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

[2013 Highest 6515] (Defendant A) is the representative director of K in Jung-gu, Incheon, and Defendant B is the management director of K.

On October 20, 2007, the Defendants made a false statement that “The Defendants shall have six vehicles owned by K in the name of K and six vehicles in the name of K in the name of K in the victim L Co., Ltd., and shall have the ability to work. In advance, the Defendants made a false statement that “The Defendants will perform sand transport work from April 2008 to pay five million won for the completion payment every month.”

However, in fact, since the above K was difficult to find out the financial situation to the extent that the installment of the vehicle and the employee's benefits were in arrears at the time, and the said vehicle had a mortgage on the installment, even if the above advance payment was received from the victim, there was no intention or ability to perform sand transport work or to repay the above advance payment from April 2008.

Nevertheless, the Defendants received 30 million won from the victim to the above K account on November 30, 2007.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

[2013 Highest 3225]

1. Defendant A’s legal statement

1. Second prosecutor's protocol of examination of the defendant A;

1. Statement made by the prosecution against N and B;

1. Statement of the police officer concerning theO;

1. Application for installment financing and the register of construction machinery, etc.

1. Defendants’ legal statement

1. The prosecutorial suspect interrogation protocol against the Defendants.