logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.05.25 2016고단1737
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 14, 2012, the Defendant purchased one of the 35 tons of C Treatment 25 tons of dump trucks, and took out a loan of KRW 63.5 million from the victim Agrop Capital Co., Ltd. and established a mortgage on the claim value of KRW 63.5 million of the claim value of the victim as the mortgagee on the said dump truck.

On February 2, 2013, the Defendant sold the dump truck, which is the object of the victim's mortgage, to the name in the name in the front side road of the Seoul Agricultural Complex located in Suwon-si, Suwon-si, the Defendant sold the dump truck at KRW 15 million, which is the object of the victim's mortgage, and had the location of the vehicle unknown.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The ledger for management of urging guidance;

1. Details on the receipt of disposable discrimination principles;

1. A written application for the frusing of the issuer, and a written agreement to frusing of the issuer;

1. Application of Acts and subordinate statutes of the Construction Machinery Register;

1. The defendant is sentenced to imprisonment with prison labor, considering the following factors: the pertinent legal provisions on criminal facts, Article 323 of the Criminal Act regarding the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommendation] [the grounds for obstructing the exercise of the right] and the basic area (6 months to 1 year) [the person subject to special sentencing] [the decision of sentencing] [the defendant] sold dump truck which is the object of mortgage and obstructed the exercise of the right by the victim to exercise the right to exercise the victim's mortgage; the necessity of punishment is high in light of the motive and circumstance of the crime; the situation of escape after departure from the Republic of Korea and the situation of escape after the crime; damage is not large; and damage is not recovered at all.

However, the defendant's wrong entry into the country and arrested him, the sum of the principal and interest for the secured obligation of the right to collateral prior to the crime of this case was paid to 10 million won, the fact that there is no record of criminal punishment except for the one-time penalty, and the age, sex, environment and family relationship of the defendant.

arrow