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(영문) 대전지방법원 천안지원 2017.09.01 2016고단985
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 30, 2012, the Defendant agreed to pay KRW 2,617,389 each month between 60 months and 60 months until July 2017, the Defendant established a collateral security right on a dump truck with a bond value of KRW 65,5,00,000 for a dump truck with a bond value of KRW 69,30,000,000,000, in order to secure this.

Since then, the Defendant paid 26 installments up to September 2014, and transferred the dump truck to D, which is around October 2014, thereby hindering the Defendant’s exercise of right to collateral security right by concealing the dump truck, which is the object of the right to collateral security.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. A written application for discussion on the errors in installment financing, details of receipt in comparison with the plan, decision-making, and a report on the impossibility of delivery of automobiles;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions for criminal facts, Article 323 of the Criminal Act for the choice of punishment, reasons for sentencing of imprisonment [the scope of recommendation] [the scope of the exercise of the right] and the basic area (six months to one year] (the person who is subject to special sentencing] (the decision of sentencing] that no damage has been recovered, and consideration of the amount of security, etc.

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