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(영문) 대구지방법원 2015.02.06 2014고단5866
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 3, 2012, the Defendant purchased one unit of E excavation period from D located in Kimhae-si, Kimhae-si, and agreed to equally repay 1,775,066 won from the victim Yangyang Life Insurance Co., Ltd. on every 20th day of July, 201, and received a loan of KRW 60 million.

In addition, on the 5th day of the same month, the defendant transferred the ownership of the above mining ground on the same day, and set up a separate collateral security for the mining ground on the same day, which is the mortgagee, the Dongyang Life Insurance Co., Ltd. and the debtor.

Nevertheless, the Defendant paid only KRW 2,289,258 on August 20, 2012, and did not pay the remaining installments of KRW 59,14,934 on August 20, 2012, and did not pay KRW 59,14,934 to F in the name of the first police officer on August 2012, the Defendant decided to lease the above excavation machine which became the object of the right to collateral security for one year to F in the name of the first police officer, and received KRW 20,00,000,000 to him, and could not know the location of the

In this respect, the defendant had obstructed the victim's exercise of rights by concealing his sofaculation which was the object of the victim's rights.

Summary of Evidence

1. Partial statement of the defendant;

1. G statements;

1. Loan application/agreement, automobile (construction machine) agreement, personal credit information establishment agreement, personal credit information inquiry agreement, payment of price, proxy certificate, copy of identification card, resident registration certificate, resident registration record, receipt inquiry statement, construction machine register, H delivery order decision paper, and automobile delivery impossible protocol defendant denies criminal intent. Thus, although the defendant stated that he purchased the instant excavation search machine in order to leave the construction company, he did not know where he had personal information and construction site. The F's personal information is not specified, as well as he did not make efforts to find the above excavation search machine, while he was paid 20 million won from F as rent.

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