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(영문) 대전지방법원 천안지원 2016.10.21 2016고단1533
권리행사방해
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

The defendant is a person who operates a stock company B for the purpose of compressing, processing, etc. of paper materials.

Around February 10, 2015, the Defendant purchased one of the two vehicles C in the name of B Co., Ltd., and borrowed KRW 59,00,000 from the purchase price to the victim BNK Capital Co., Ltd. (former BS Capital Co., Ltd.) and paid KRW 1,454,249 (one time per one thousand,297,387) to the victim during 48 months, and around the 17th of the same month, the Defendant created a right to collateral security for the above loan amount of KRW 41,30,000 in the name of the victim to secure the above loan amount.

On May 2015, the Defendant: (a) around the end of the period of May 2015, the Defendant: (b) 5,868,927 installments that did not have been paid to the victim at the place of business B located in Seoan-gu, Seoan-gu; (c) however, (d) 5,868,927 Won; and (d) 50,000 won borrowed from the Defendant

9. 23. Around 23.m., it was impossible to enforce the right to collateral security on the wind that could not be found.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Registration certificate of construction machinery, agreement on installment financing and misleads, construction machinery register, and protocol of impossibility of delivery of automobiles;

1. Application of the Act and subordinate statutes to the investigation report (a copy of the terms and conditions of installment financing and misleading submission by the complainant);

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the reasons for sentencing selective to imprisonment;

1. Application of the sentencing criteria [Determination of type] Obstruction of Exercise of Exercise of Rights (Obstruction of Exercise of Rights) / [Determination of the recommended area] Basic Area / 6 months to 1 year [Scope of Recommendation] / Reasons for Suspension of Execution of Sentence] - No effort to recover negative damage / positive relationship is clear social relation.

2. Determination of sentence, the form, degree, and damage of the instant crime.

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