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(영문) 춘천지방법원 강릉지원 2018.05.16 2017고단1033
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 21, 2015, the Defendant: (a) purchased dump trucks from the business office of the Switzerland Korea in Daegu East Sea; and (b) agreed to borrow KRW 199,90,000 from the victim BNK Capital Co., Ltd. to repay KRW 3,815,596 each month for 72 months; and (c) decided to set up a mortgage on the said dump trucks to the victim as security for the said obligation.

However, on June 2017, the Defendant provided the above truck as security and could not grasp the location of the truck while borrowing KRW 60 million from D when he/she did not repay a loan to a patrolman.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The written report of E;

1. Application of an application for non-financial and misleading consultation, the register of construction machinery, and the application of Acts and subordinate statutes of construction machinery sales contract;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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