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(영문) 서울서부지방법원 2016.02.02 2015고단716
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 201, the Defendant purchased C digging pool in the name of Franchisor around Franchisor, and took out loans of KRW 20 million from the victim 2,00,000 from 2,00,000,000 from 2,000,000,000,000,000 from 5,00,00,000,000,000,000,000,000 from 4,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,

On December 26, 2011, the Defendant continued to purchase E digging machines in the name of F, a wife, and received loans from the victim company for KRW 90,00,000 from the purchase fund for digging machines in order to cover the purchase price for digging machines. On February 3, 2012, the Defendant registered the establishment of a right to collateral security with the mortgagee’s victim company and the bond value of KRW 81,00,000,00 from the above digging machines as collateral. As such, the duty to keep the collateral for the purpose of the security, such as not unfairly reducing the collateral value until the loan is refunded.

Nevertheless, around July 2013, the Defendant: (a) transferred two above so-called so-called so-called so-called so-called so-called so-called so-called “victim”) to the Defendant’s creditor at G business places located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and (b) made it difficult to grasp the location thereof.

As a result, the defendant had H obtain property benefits equivalent to the two above excavation machines in the market price and suffered property damage equivalent to the same amount from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made to I by the police;

1. Application of loan agreement, information on bonds, and Acts and subordinate statutes of the register of construction machinery;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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