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(영문) 대전지방법원 2017.07.18 2016고단2542
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 1, 2014, the representative C of the corporation B purchased 1 D Hyundai Live Services Co., Ltd. on October 1, 2014, borrowed 150 million won from a non-us Capital Co., Ltd. on the condition that the victim redeems 3,179,681 won each month between 60 months for the purpose of the purchase price of the vehicle. On October 7, 2014, the victim set the right to claim 90 million won for the above bus as security.

On February 9, 2015, the Defendant entered into a contract for the transfer of the business rights and assets of the representative director C and B, a corporation, and received all the aforementioned D buses and related documents on the date of the contract.

Defendant did not pay installments to the victim company at all even though he succeeded to all the above bus and its rights and obligations, and the victim company notified the Defendant of the loss of the benefit of time on April 21, 2015 to enforce the right to collateral security. On June 9, 2015, the Cheongju District Court decided to commence voluntary auction and seize the above vehicle, and the employee of the victim company visited with the execution officer to seize the above vehicle, but the Defendant was unable to find the above bus by concealing the above bus on the land.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes concerning transfer contract for juristic persons, such as a written complaint, a certificate of all matters to be registered, a inquiry of receipt details, a certified copy or abstract of the motor vehicle registration ledger (A), a certified copy or abstract of the motor vehicle registration ledger (B), a decision of the Cheongju District Court (G voluntarily auction for motor vehicles), a notification of cancellation of decision of the

1. The defendant's person who has the reason for sentencing under Article 323 of the Criminal Act in relation to the pertinent criminal facts and Article 323 of the choice of punishment.

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