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(영문) 광주지방법원 2019.11.26 2019고정1003
권리행사방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 16, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Gwangju District Court, and the judgment became final and conclusive on October 1, 2015.

【Criminal Facts】

around August 20, 2012, the Defendant: (a) purchased one of the Gwangju DX5-campers at the Seo-gu Gwangju metropolitan branch in Gwangju, Seo-gu; (b) entered into an installment financing agreement with the victim C Co., Ltd.; and (c) borrowed KRW 27,00,000,000; and (d) borrowed the same year.

9. 18. 18. A mortgage was created on the claim amounting to KRW 18.9 million and the mortgagee as the victim.

After that, between April 2013 and May 201, the Defendant transferred the above excavation search machine to the needy party and caused his whereabouts to be unknown.

around August 23, 2012, the Defendant purchased 1 copy of the DAX55 DX3 at the above Jeju Branch, and entered into an installment financing agreement with the victim C Co., Ltd. and borrowed 28,000,000 won.

9. 25. 25. A mortgage was created on the claim amounting to KRW 19.6 million and the mortgagee as the victim.

After that, between April 2013 and May 201, the Defendant transferred the above excavation search machine to the needy party and caused his whereabouts to be unknown.

Accordingly, the defendant, who was the object of the victim's right, concealed two above excavations owned by the defendant, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement;

1. A complaint;

1. A copy of a petition or accusation;

1. A copy of each registration certificate of construction machinery and each construction machinery register;

1. Each C product application, each assignment of claims, and notice of acceptance of entrustment;

1. Investigation report (to hear statements, such as CG, G, etc. for reference);

1. Previous records: Inquiries into inquiry reports, written judgments, investigation reports (Attachment of relevant decisions), investigation reports (date of final and conclusive judgments and attachment of similar judgments) shall apply to statutes;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Aggravation for concurrent crimes;

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