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(영문) 창원지방법원 2015.11.26 2015고단1908
권리행사방해
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who has operated a manufacturer of motor vehicle parts with the trade name of “C” in Kimhae-si B.

On June 28, 2013, the Defendant: (a) borrowed 300 million won from the National Bank of Korea for the Victim Co., Ltd. a general facility fund of 300 million won as a collateral; and (b) set up a collateral of maximum debt amount of 360 million won as a mortgagee with respect to the goods, such as bed by the Defendant’s possession of the Defendant; (c) as such, the Defendant: (d) set up a mortgage of the maximum debt amount of 300 million won as a mortgagee with respect to the goods, such as bed by the Victim Co., Ltd.; (d) on the part of the Victim Co., Ltd., the Defendant paid 40 million won for the above loans to the machines, etc. on the name of the Defendant; and (e) set up a mortgage of c., the amount of debt amount of 360 million won with respect to the goods, such as bed by the Victim Co., Ltd; (e) on March 28, 2015, the Defendant sold parts of the connecting electric wire.

Accordingly, the Defendant arbitrarily sold the above goods owned by the Defendant, which became the subject of the victim’s right, and concealed them so that their whereabouts can not be confirmed, thereby hindering the victim’s exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a written complaint, a credit transaction agreement, a full payment of loans, an appraisal statement, an appraisal basis, an appraisal basis, and an opinion on determination thereof, a detailed statement of machinery and tools, machinery and other field photographs, a letter of demand for restitution

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;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the defendant, with a remaining debt exceeding KRW 300 million, has disposed of the collateral without permission, thereby causing damage to the victim, and the damage still has been repaid.

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