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(영문) 수원지방법원 2018.08.22 2017고단7415
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 30, 201, the dump truck purchased B dump truck on or around September 30, 201, and received dump truck purchase price of KRW 65 million from the victim Aump truck Co., Ltd. in a 36-month equal installment repayment method, and around October 6, 2011, the dump truck was set up a collateral security right with a value of KRW 65 million with respect to the above dump truck.

The Defendant paid KRW 5 million to C at around November 12, 2015, and purchased dump trucks, the collateral security right of which is established in the name of the victimized Company, in the name of the Defendant, and registered the transfer of ownership under the name of the Defendant, the Defendant worked as a dump truck driver at a construction site near the Yak-si located in the Dobong-gu Seoul Metropolitan Government around Sep. 10, 2016, notwithstanding the fact that the Defendant purchased dump trucks under the name of the victimized Company.

D D D D D D D D dump trucks were supplied for the repayment of dump trucks, and the location of dump trucks was unclear.

Accordingly, the defendant concealed dump trucks owned by the defendant, which are the object of the right of the damaged company, and obstructed the exercise of the right of the damaged company.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. Application of an application to be entered into, construction machinery register, two copies of a contract for the transfer of bonds, notification of transfer of bonds, and application of statutes of the debtor's president;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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