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(영문) 부산지방법원 2016.04.27 2015고정2970
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 18, 2015, the Defendant was sentenced to a suspended sentence of one year for four months due to alteration of official documents at the Busan District Court, and the judgment was finalized on December 29, 2015.

The defendant is the representative director of D (State) located in Busan Dong-gu C.

On March 31, 2014, when the Defendant sold F buses owned by the said legal entity E at KRW 80,00,000 between the victim E, the Defendant entered into a contract for the transfer of a chartered bus with the obligation to succeed to the remainder of KRW 57,962,351 and pay KRW 22,00,000 on three occasions and delivered the said bus to the victim on April 1, 2014, and the victim entered and operated the said bus by leaving the said legal entity.

On November 27, 2014, the Defendant: (a) around November 27, 2014, on the ground that the victim E, a borrower, did not pay the remainder of seven million won in the said corporation’s tea; and (b) subsequently, (c) removed one brine, which was attached to the said F Bus, which is a vehicle for the operation of the victim registered in the said corporation’s name.

Accordingly, the defendant interfered with the exercise of rights against the bus which is the object of the victim's rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Contracts for the transfer of chartered buses, the ledger of registration of automobiles, notification, and certification of the details thereof;

1. Previous convictions: Criminal history inquiry, text of judgment, and case search [the defendant and his defense counsel asserted that since the victim E did not perform any balance under the transfer contract on F Bus (hereinafter “the bus of this case”) and did not perform any balance under the transfer contract of F Bus, it cannot be recognized as interference with the exercise of rights.

According to the above evidence, it is recognized that E delayed the payment of the balance under the transfer contract and did not pay 10 million won until October 2, 2014.

However, the following facts acknowledged by the above evidence are (i.e., ① the bus of this case after the conclusion of the above transfer contract, by the creditor of this case.

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