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(영문) 청주지방법원 충주지원 2014.04.18 2013고단927
권리행사방해
Text

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

Reasons

Punishment of the crime

1. The Defendant: (a) purchased dump trucks on June 14, 2012, and took out a loan of KRW 48,000,000 from the victim Non-Korean Capital Co., Ltd.; (b) the Defendant agreed to pay KRW 1,458,101 each month for 48 months; (c) the said victim company as the obligee, the Defendant as the obligor, and the obligor as the maximum debt amount of KRW 33,60,00 for the said vehicle.

Nevertheless, on September 5, 2012, the Defendant paid 4,057,345 million won until September 5, 2012, and did not pay the remainder of the installment, and concealed the said vehicle to C, which became the object of the right of collateral security, on December 13, 2012, and thereby obstructing the exercise of the right by the said victim company.

2. On June 14, 2012, the Defendant: (a) purchased a DNA excavation equipment, and took out KRW 156,00,000,000, the Defendant agreed to pay KRW 3,994,220 each month for 48 months; (b) the said victim company as the obligee, the Defendant as the obligor, and the maximum debt amount as KRW 156,000,000 for the said vehicle.

Nevertheless, on September 5, 2012, the Defendant paid only KRW 11,426,938 and did not pay the remainder of the installments, and concealed the said vehicle, which became the object of the right to collateral security, to C, on December 13, 2012, and thereby interfered with the exercise of the right by the said victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on investigation;

1. Each complaint;

1. Application of Acts and subordinate statutes to an application for and agreement on installment financing and debate on automobiles, each construction machinery register, an agreement of installment financing, and a certificate of transfer of construction machinery;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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