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(영문) 제주지방법원 2015.12.22 2015고단1451
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around January 16, 2013, the Defendant entered into a loan agreement with the victim (victim) C 29.6 tons of loans to purchase a so-called so-called so-called 35,000,000 won in equal installments of the principal and interest of 1,282,960 won each month for 36 months between the defendant and the defendant (victim) C 29.6 tons, and set up a mortgage in the name of the damaged company on January 22, 2013 in order to secure the above loan obligations.

After that, for the purpose of repaying the debt owed to the bond company whose name is unknown at that time, the Defendant disposed of the above 13,00,000 won via the bond company with the above 13,00,000 won and prevented the Defendant from exercising his rights against the above sculging machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A loan agreement;

1. Construction machinery register;

1. Application of Acts and subordinate statutes to a written request for cooperation for delivery execution following a compulsory auction of construction machinery;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 323 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The fact that all facts of crime are recognized and reflected, and the future amount of damage is to be repaid in the future, there is no previous conviction from a minor fine imposed once a fine, and the fact that the victim deposited three million won after the prosecution for the victim: The fact that the flag which became the object of another person's right has been inevitably passed over to the bond company, causing substantial damage to the victim, and other circumstances that may be considered in the motive and circumstances of the crime, such as the fact that there is a aspect arising from the law's non-existence of foreign life, etc.

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