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(영문) 서울북부지방법원 2018.05.18 2017고단5659
권리행사방해
Text

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

Reasons

Punishment of the crime

1. On October 20, 2014, the Defendant: (a) around 302 E office of the third floor of the D D building in Gyeyang-gu Incheon, Gyeyang-gu; (b) obtained a loan of KRW 75 million from the victim Fump Capital Co., Ltd. to KRW 25.5 tons of construction machinery; and (c) paid the principal amount to KRW 1,898,593 per month for 48 months; and (d) established a collateral security right at KRW 75 million for dump trucks to the victim.

The defendant, by September 7, 2015, failed to pay 18,985,930 won in total over 10 times until September 7, 2015 pursuant to the above agreement, and requested the return of dump truck from the injured party, but the victim could not be identified, concealed dump truck and made it impossible to enforce compulsory execution due to the voluntary auction applied by the injured party on May 15, 2017.

Accordingly, the defendant concealed his own property which was the object of another person's right.

2. On July 26, 2015, the Defendant: (a) obtained a loan of KRW 80,000,000 from the Victim Fran Capital Co., Ltd. with a loan of KRW 25.5 tons of construction machinery purchase funds of KRW 80,00,000 from the Victim Fran Capital Co., Ltd.; and (b) established a collateral security right on dump trucks with a claim amounting to KRW 56,00,000 for the victim’s dump trucks.

The defendant, by July 20, 2015, failed to pay 3,894,025 won in total on two occasions until July 20, 2015 pursuant to the above agreement, and requested the return of dump truck from the injured party, but the victim could not be identified, concealed dump truck and made it impossible to enforce compulsory execution due to the voluntary auction applied by the injured party on May 15, 2017.

Accordingly, the defendant concealed his own property which was the object of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Complaint;

1. Each en banc car and industrial re-loan application, etc., respectively;

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