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(영문) 의정부지방법원 고양지원 2014.10.17 2014고단1066
권리행사방해
Text

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

Reasons

Punishment of the crime

The defendant is the owner of C digging machines.

On August 10, 2013, the Defendant purchased the above digging pool and received a loan of 51 million won from the victims' Free Co., Ltd., and subsequently established a mortgage. However, on January 10, 2014, the Defendant received an order from the court to deliver the said digging pool to the victims on the date set for the loan interest and principal.

On January 21, 2014, at around 12:00, around 23:30 on the same month, the Defendant concealed D Apartment Defendant’s residential area adjacent to the Defendant’s residence, and obstructed the victim’s exercise of rights, by concealing the execution date, time, and place of the above sofacing machine from the employees of the victim’s company to an unknown place even after being notified of the execution date, time, and place of the above digging machine.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application for loans for purchasing motor vehicles, individual terms and conditions, construction machinery register, decision-making, and application of Acts and subordinate statutes on non-delivery records;

1. Article 323 of the Criminal Act, Article 323 of the Criminal Act, and Article 323 of the Criminal Act, the Defendant, on the ground of the source of one’s own income, refused extradition execution, concealed the excavation season, and the injured company’s damage amount was not recovered.

It is only that the defendant has been punished for a fine once due to the crime of this kind.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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