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(영문) 인천지방법원 부천지원 2015.06.26 2015고단820
권리행사방해
Text

A defendant shall be punished by imprisonment for one year.

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

around 208, the Defendant purchased approximately KRW 100 million of the purchase price of dump truck and operated it. On August 2012, 2012, the Defendant received a loan from dump truck Co., Ltd., the victim sump truck or the victim sump capital and repaid all of the existing installment loans to some of them, and the remainder was used as repair expenses, etc.

Accordingly, on August 27, 2012, the defendant extended a loan of 60 million won from the second Capital Co., Ltd. to the victim, and on the same day, the victim set up a mortgage of 48 million won at the bond value to the victim as security for the said installment loan.

However, from March 2013 to April 2013 of the same year, the Defendant transferred dump truck to a person whose name is unknown, and received KRW 10 million in cash when transferring the said dump truck to a person who is unable to know, and had him dump truck carry the dump truck with a dump truck attached to the “D” office located in Kimpo-si C without the victim’s consent or consent.

Accordingly, the Defendant concealed the Defendant’s dump truck, which is the subject of the victim’s rights, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of an agreement on a loan against security, credit information, construction machinery register, chief executive officer, text messages, and statutes on customer information;

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

1. Article 62(1) of the Criminal Act of the suspended execution only paid a 6-month installment out of the 48-month installment for a loan of 60 million won, and the amount of damage of the victim company is not certain. However, the defendant led to confession of the crime and misunderstanding is divided, and the defendant is hard to find out from the sources.

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