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(영문) 수원지방법원 안산지원 2015.08.07 2015고단50
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2015 Height50] Around July 8, 2013, the Defendant purchased the EM5 car at a D agency located in Sinri-si, Sinri-si, and provided the said car as security and provided the said car with a loan of KRW 250,040,000 from the victim (States) Korea, and provided the said car as collateral, thereby establishing a right to collateral security with the creditor as the victim.

On June 2014, the Defendant borrowed KRW 9 million from F from F in the office of Jongno-gu Seoul Metropolitan Government, and concealed the said car as collateral, thereby hindering the victim's exercise of rights.

[2015 Highest 309] On October 8, 2013, the Defendant obtained a loan of KRW 62 million from the victim Yangyang Life Insurance Co., Ltd. and purchased a G mining search machine, and on October 10, 2013, established a right to collateral security with respect to the above mining search machine owned by the Defendant as a collateral for the victim company.

On June 2014, the Defendant had obstructed the exercise of the rights of the victim company by offering and delivering the above sofaculation machine, which was the object of the rights of the victim company, as security, and concealing it.

Summary of Evidence

[2015 Highest 50]

1. Defendant's legal statement;

1. H’s accusation (2015Nodan309);

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The application of Acts and subordinate statutes to the receipt records, receipt records, construction machinery register, total certificate of registered matters, loan application/agreement, business registration certificate, construction machinery transfer certificate, construction machinery registration certificate, construction machinery registration certificate, business registration certificate, and daily employment contract;

1. Relevant Articles of the Criminal Act and Article 323 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The extent of damage is reasonable.

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