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(영문) 대전지방법원 2017.08.24 2017고단1752
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 16, 2015, the Defendant purchased a heavy dump truck from the victim BNK Capital Co., Ltd. located in 163 as in Seo-gu, Seo-gu, Seo-gu, Seo-gu, 2015, and received an installment loan of KRW 110 million from the victim company, and decided to repay KRW 2,553,808 every month to the victim company, and set up a collateral security on the said vehicle to the victim company.

On May 2015, the Defendant financed the amount of money equivalent to KRW 21 million through D, a loan broker, at a non-permanent location, and delivered the said vehicle as a collateral, and registered the transfer of ownership of the said dump truck under the name of (i) the first instance trial construction and (ii) one other than the first instance trial.

The defendant has obstructed the exercise of rights of the victim company by concealing the vehicle by making it difficult to locate the location of the dump truck, which is the object of the victim company's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Report on internal investigation (Investigation by the F phone of a witness);

1. Copies of an application for non-financial and erroneous debate;

1. A copy of the registration ledger of construction machinery, a registration ledger of construction machinery, and a certificate of all the registered matters of initial construction;

1. Application of a copy of notice of loss of time limit statutes;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) (Article 62(1) of the Defendant’s Act (Article 61,255,619), the Defendant’s payment of KRW 31,255,619 in installments to the victim company, and the Defendant’s actual act was committed by G, the husband of the Defendant, but the Defendant appears to have committed the instant act in a passive manner in order to assist her husband, and the Defendant’s primary crime was committed in favor of the Defendant, and the Defendant did not agree with the victim company, and the Defendant’s efforts to completely recover from

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