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(영문) 창원지방법원 통영지원 2017.09.29 2017고단891
권리행사방해
Text

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

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

Reasons

Punishment of the crime

The Defendant was a person who was engaged in the business of consignment sale or lease of construction machinery, etc. created in modern Heavy Industries, with the trade name “C” from around March 2009 to March 2016.

1. On May 20, 2015, the Defendant purchased the 30DE from E at the above C office (former 30DE) around May 20, 2015, and took out a loan of 24 million won from the victim Megatha Co., Ltd. and established a right to collateral security against the said mortgagee as the said mortgagee on June 24, 2015.

However, on November 2015, the Defendant provided a loan of approximately KRW 10 million from a non-name credit service provider as collateral and concealed the subject matter of the loan, thereby hindering the victim from exercising his/her rights by concealing his/her own property which became the object of another person's rights.

2. On July 27, 2015, the Defendant: (a) purchased 30DE units from E at the above C office around July 27, 2015; (b) borrowed 24 million won from the victim’s Matts Capital Co., Ltd.; and (c) established a right to collateral security for the said mortgagee’s victim on September 2, 2015.

However, on November 2015, the Defendant provided a loan of approximately KRW 10 million from a non-name credit service provider as collateral and concealed the subject matter of the loan, thereby hindering the victim from exercising his/her rights by concealing his/her own property which became the object of another person's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Three-time protocol concerning the interrogation of the accused to the prosecution;

1. Purchasing each application copy of a motor vehicle finance product application, each error agreement, each copy of resident registration certificate, copy of a certificate of seal impression, copy of a business registration certificate, each construction machinery registration certificate, register of each construction machinery, report on the results of inspection, each deposit details, and each medium-sized commercial construction.

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