(영문) 서울중앙지방법원 2018.01.25 2017고단8419

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.01.25 2017고단8419

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 20, 2011, the Defendant purchased a dump truck with a dump truck and received a loan of KRW 127,770,000 from the victim Hyundai Capital Co., Ltd., and provided a mortgage of KRW 89,39,000 for the value of the claim to the victim.

On January 2012, the Defendant concealed the truck in such a way that it would make it difficult to identify the location of the truck by allowing D to operate the truck at an irregular place.

Accordingly, the defendant concealed the above truck which is the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement;

1. In full view of all the circumstances acknowledged by the evidence of each judgment, including the fact that the Defendant did not make any effort to locate the instant dump truck even after the location of the instant dump truck was not identified, the Defendant could also be aware that the location of the instant dump truck could not be identified due to the delivery of the instant dump truck to another person, and that the Defendant could not make any effort to find the instant dump truck even after the location of the instant dump truck was not identified, comprehensively taking into account the following: (a) the Defendant’s failure to manage the loan repayment related to the instant dump truck by neglecting the management of the dump truck; (b) the Defendant neglected to manage the dump truck of this case; (c) the location of the instant dump truck of this case; and (d) the Defendant appears to have not made any effort to locate the instant dump truck of this case.

As such, the above argument of the defendant and his defense counsel cannot be accepted.

1. Criminal facts;

유사 판례

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-대구지방법원 2014.05.29 2013노3084