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(영문) 서울남부지방법원 2013.08.22 2013고정2236
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in construction machinery contracting and leasing business under the trade name of “B.”

On January 27, 2011, the Defendant purchased modern excavation machine (E) which is construction machinery in the “D” located in Ansan-si, Gyeonggi-do, and took out KRW 69,000,000 from the (ju) Aju Capital Capital that is a victim company, and decided to pay KRW 1,565,140 each month in installments for a period from February 20, 201 to 62 months from February 20, 201, and established a mortgage on the said digging machine with the creditor as the victim company to secure the loan.

On March 7, 2011, the Defendant purchased modern excavation machine (F), which is a construction machine, at the above place, provided a loan of KRW 83,000,000 from the victim company (ju) to the victim company, and decided to pay KRW 2,268,090 each month in installments for the period from April 8, 201 to 48 months from April 8, 2011, and created a mortgage as to the above excavation machine with the creditor as the victim company to secure the loan.

On July 18, 2012, the Defendant sold two above excavation seasons to those who were not aware of the name without the consent of the victim in G in the G Kimpo-si and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A loan statement;

1. Application of Acts and subordinate statutes of construction machinery register;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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