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(영문) 청주지방법원 제천지원 2016.04.07 2016고단14
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 30, 2014, the Defendant purchased D D D D diggings Co., Ltd in Seoan-gu, Seoan-gu, Seocheon-si, Seocheon-si, and received loans of KRW 59,00,000 from the victim Aju Capital Co., Ltd. for 48 months and paid KRW 1,669,050 each month in installments, and the same year.

8.6. At around the above 1st century, the right to collateral security was set up in the name of the victim company in the amount of KRW 41,300,000.

Nevertheless, the Defendant paid an installment of KRW 15,442,00,000, and dismantled the above digging machine for each part on April 2015 and sold it after receiving KRW 18,00,000 from the injured party, thereby making it difficult to find the location of the digging machine difficult.

Accordingly, the defendant concealed his own property which is the object of the victim's mortgage and obstructed the exercise of the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Application of Acts and subordinate statutes governing the application for debate, agreement on mistake, each certificate of seal impression, each resident registration slip, the details of receipt of principal and interest on multiple discrimination, the Daegu District Court Kimcheon-cheon support decision, application of statutes governing the register of construction machinery and the register of construction machinery;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right.

3. Determination of sentence: The sentence shall be determined in the same way as the order is comprehensively taking into account the following conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime, in 10 months of the suspension of sentence:

The amount of damage has not been much, the number of softs has been arbitrarily sold to obtain profits equivalent to 18,00,000 won, and the damage has not been recovered until now after the crime.

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