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(영문) 전주지방법원 정읍지원 2014.05.20 2013고단669
권리행사방해
Text

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

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

Reasons

Punishment of the crime

At around 14:00 on October 17, 2012, the Defendant prepared a contract in which the Defendant would pay 60 million won in cash and repay 97 million won in KRW 2,694,660 each month for 48 months on October 29, 2012 at the World Cup stadium parking lot located in Young-gu, Seojin-gu, Seojin-gu, Seoul, Seoul, for the purpose of securing the above loan to the said operator (C).

Nevertheless, on January 18, 2013, the Defendant received KRW 30 million from a person who was unaware of his name, and concealed the above excavation machine owned by the Defendant, which became the object of the victim’s rights, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to construction machinery register or installment application form;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (including the first offender and efforts to pay for damage, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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