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(영문) 대전지방법원 천안지원 2016.01.15 2014고단1861
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 26, 201, the Defendant purchased a dump truck with B 42 tons around 20 tons and agreed to change the amount of the above truck by a certain amount between 38 months and 38 months after obtaining a loan from the victim Aump Capital Co., Ltd., and established a mortgage on the above dump truck in the name of the victim company with the amount of the loan as the bond value.

Nevertheless, the Defendant paid only KRW 30,971,153 of the Defendant’s loan obligations to the victim company and did not repay the remainder of the obligation. On December 31, 2012, the Defendant sold the said dump truck at KRW 10,000 and transferred it without the name transfer to the automobile trading company where the trade name in the vicinity C is unknown on December 31, 2012, thereby preventing the victim company from exercising its mortgage by means of making it impossible for the said dump truck to grasp the location of the said dump truck, thereby hindering the victim company’s exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. A criminal investigation report (additional submission of evidentiary documents);

1. Application of Acts and subordinate statutes to an automobile loan agreement, a detailed statement of currency, and a protocol of impossibility of delivery of automobiles;

1. The reason for sentencing under Article 323 of the Criminal Act (Selection of Imprisonment) on the criminal facts and Article 323 of the Act on the Selection of Punishment for the Defendant was found to be erroneous, and the fact that there is no record of punishment other than the fine of four times due to other types of crimes is favorable, but efforts are made to repay the loan obligations.

After the whereabouts were concealed, damage was not recovered, and the victim company also wishes to punish the defendant, so the sentence like the order is sentenced.

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