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(영문) 수원지방법원 안산지원 2015.08.12 2015고단1442

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 13, 2013, the Defendant purchased B dump trucks at the Dongyang Cement parking lot located in Gangwon-do, and received a loan from the victim filial Capital Co., Ltd. to KRW 45 million on November 19, 2013, and established a right to collateral security of KRW 45 million as collateral for the above obligation on November 19, 2013.

Therefore, on April 2014, the Defendant: (a) borrowed KRW 9 million from a person who was unable to know the name of the Defendant, while paying KRW 6,061,161 out of the above loans, even though he/she had well preserved the instant truck which was the object of mortgage; and (b) delivered the said truck for the purpose of securing the said truck.

As above, the Defendant concealed the Defendant’s truck so that it cannot identify the location of the victim’s truck, which is the objective of the victim, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written complaint, an application for loan of motor vehicles and industrial materials, a transfer certificate, a construction machine registration certificate, and a detailed statement of the terminated bonds;

1. Application of Acts and subordinate statutes of the construction machinery register;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Article 62(1) of the Criminal Act: Suspension of execution (the fact that the defendant is against himself and has no record of the same kind of crime);

1. Social service order under Article 62-2 of the Criminal Act;