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(영문) 춘천지방법원 원주지원 2019.10.16 2019고단663
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around December 8, 2014, the Defendant borrowed KRW 80,000,000 from the victim C Co., Ltd. office located in Gangnam-gu Seoul, and agreed to repay the loan at a 48-month rate. The Defendant established a right to collateral security by designating the victim C Co., Ltd. as the creditor of the aforementioned D D D D D Co., Ltd. on May 12, 2015. On May 12, 2015, the Defendant borrowed KRW 63 million from the victim F Co., Ltd. office located in Gangnam-gu, Seoul, with loans KRW 63,00,000,000 for the purchase of construction machinery, and agreed to repay the loan at a 48-month rate, and established a right to collateral security against the said G D Co., Ltd. with the victim F Co., Ltd. as the creditor of the said G D Co.

Nevertheless, on August 2016, the Defendant received KRW 17 million per 1,7 million per unit from “J” and received KRW 34 million per unit, which is not certain in the vicinity of the International High School located in H in Suwon-si, Suwon-si, and transferred two construction machinery to the said J, thereby making it impossible for the Defendant to know the location of the said J.

Accordingly, the defendant concealed the goods of the defendant, which was the object of the victims' rights, and interfered with the victims' exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report, each written complaint, and criminal records;

1. Article 323 of the Criminal Act concerning the facts constituting the crime;

1. Although the reasons for sentencing under Articles 40 and 50 of the Criminal Code are favorable to the defendant, such as the fact that the defendant has a deep depth of his mistake, there are circumstances favorable to the defendant, each of the crimes in this case has been committed in the same manner. In light of the method and result of the crime, the nature and circumstances of the crime are very unlimited, and even if the period has elapsed after the crime was long, no agreement has been reached with the victims, and all other circumstances, such as the motive and circumstance of each of the crimes in this case, the circumstances after the crime, the defendant's age, occupation, family relation, health status, etc., are taken into account.

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