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(영문) 울산지방법원 2015.10.28 2015고단2356
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On July 3, 2015, the Defendant was sentenced to eight months of imprisonment by the Ulsan District Court for obstructing the exercise of rights, and such judgment becomes final and conclusive on August 31, 2015.

On October 31, 2013, the Defendant purchased D D D dump truck from the office of the company located in Ulsan-gun, Ulsan-gun, and took out a loan of KRW 197.8 million from the victim Aump truck, and set up a collateral on November 8, 2013 as a collateral for the said dump truck, but on August 8, 2014, the Defendant borrowed approximately KRW 187.2 million out of the above loans, and delivered the above dump truck to the bonds company on its identity, without paying KRW 30,000,000,000 from the above loans.

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. Statement of the police statement of E;

1. 구입자금대출신청서, 매매계약서, 건설기계등록증, 건설기계등록원부, 거래현황, 상환스케쥴, 사후관리대장

1. Previous records of judgment: Criminal records, probationary records, amounts of previous dispositions and results of confirmation (No. 16), amounts of personal identification and confinement status, and application of statutes of the judgment;

1. Article 323 of the Criminal Act applicable to the crime and the choice of penalty Article 323 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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