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(영문) 대구지방법원 2017.09.14 2017고단3941
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated the LAC in Daegu Seo-gu.

On December 12, 2013, the Defendant purchased a fcoon vehicle in the name of the Daegu-gu Construction Bank Co., Ltd., in the name of the Fcoon E agency, and under the Defendant’s joint and several liability, the Defendant borrowed 35 million won of the purchase fund from the Fcoon Co., Ltd., the Defendant borrowed 35 million won of the purchase fund from the Fcoon Co., Ltd., and set up a mortgage equivalent to 7 million won in the name of the victim on the said vehicle as security.

In addition, on March 19, 2014, the defendant purchased a sports vehicle in the name of the same agency in the name of the Simn-gu Seoul Special Metropolitan City Development Bank and borrowed 24,50,000 won from a non-Korean Capital Co., Ltd. with joint and several liability of the defendant, and as security, set up a mortgage equivalent to 17,40,000 won in the name of the victim in the above vehicle.

However, on July 2016, the Defendant borrowed 13 million won from a credit service provider under his/her name and provided 2 vehicles as security at the office located in the Seogu-gu Office (State), Seogu, Daegu, and distributed it to the so-called large vehicle.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the damaged company, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of Acts and subordinate statutes of each motor vehicle accident prevention report, details of requests for payment of installments, original register of motor vehicle registration, peremptory notice to exercise of right to collateral security for motor vehicle, decision on voluntary auction of motor vehicle, and report on impossibility of delivery

1. Article 323 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act, the instant crime was committed for the purpose of using the victim’s injury to approximately KRW 30 million due to the instant crime, and for paying wages, etc. to the employees while the Defendant experienced managerial difficulties. From then to December 2016, the instant crime was committed.

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