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(영문) 창원지방법원 마산지원 2018.12.18 2018고단597
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

[Criminal Records] On August 8, 2018, the Defendant was sentenced to a suspended sentence of three years for a year by imprisonment for a violation of the Narcotics Control Act at the Changwon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on August 17, 2018.

[2] On March 29, 2016, the Defendant purchased a Defendant’s farm located in Jinju-si B with 25 tons of treatment C (D after the change) at the Defendant’s farm located in Jinju-si, and received a loan of KRW 150 million,52,70,000,00 on the condition that the principal and interest shall be repaid monthly from the Victim E Co., Ltd. for 60 months.

On April 5, 2016, the Defendant entrusted the above truck to F of a limited company, and completed the registration of transfer of ownership in the name of F of a limited company F, and established a collateral security right with the maximum amount of 118.7 million won on the above truck as a person with the right to collateral security to secure the above loan obligation on the 12th day of the same month.

Nevertheless, on July 26, 2017, the Defendant terminated the above consignment contract, acquired the ownership of the above truck, and, on August 2017, the Defendant received 600,000 won from a person whose name cannot be known at the entrance of the G at Hocheon-si, Hacheon-si, and moved the above truck to a place where it cannot be known, thereby making it difficult for the Defendant to exercise the right to collateral security on the truck of the victim company.

Accordingly, the defendant concealed the above truck owned by the defendant, which was the object of the right to collateral security of the victim company, and obstructed the exercise of the security right of the victim company.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police with H;

1. Complaint of the E stock company;

1. A copy of an application for a motor vehicle financial product, a copy of the motor vehicle registration ledger (C), and the motor vehicle registration ledger (D);

1. Previous convictions in judgment: (A) inquiry into inquiries about criminal history, inquiry into each consolidated case bound in the records of public trial, and application of each written judgment-making statute;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that the latter part of Article 39 Section 1.

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