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(영문) 울산지방법원 2015.04.29 2014고단3995
권리행사방해
Text

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

Reasons

Punishment of the crime

On August 27, 2013, the Defendant purchased one dump truck from the office operated by the Defendant in Ulsan-gun, Ulsan-gun, and took out a loan of KRW 1885 million from the victim's Mumz comprehensive financial securities (owner) as collateral and set up a right to collateral security against the victim with regard to the dump truck as collateral on August 29, 2013. On August 18, 2014, the Defendant borrowed approximately KRW 170 million out of the above loan and delivered the dump truck to the bondholder on his/her identity without paying approximately KRW 30 million.

Accordingly, the Defendant interfered with the victim’s exercise of rights by arbitrarily delivering the dump truck owned by the Defendant, which is the subject of the victim’s rights, to the bond company with no identity, so that its location can not be confirmed.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A complaint, a copy of a credit transaction agreement, a copy of the repayment line, a deposit details of funds borrowed from motor vehicle purchase, a construction machinery register (A, B);

1. Application of the Act and subordinate statutes on Report of Investigation (Listening to Telephones on Suspect's Additional Statements);

1. Article 323 of the Criminal Act and Article 323 of the Criminal Act regarding criminal facts and Article 323 of the selective sentencing of imprisonment with prison labor provide that damage is not recovered or agreed even if the amount of damage caused by the reason for sentencing of imprisonment with prison labor is not significant, while the confession is an initial offender who has no power to commit an offense, details of the crime following business deterioration, age of the defendant, family relationship, etc.

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