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(영문) 대전지방법원 천안지원 2015.11.06 2015고단56
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

On July 13, 2011, the Defendant agreed to borrow 36 million won as the purchase price for the above c.6 million won from the second Capital Co., Ltd. for the above c. in order to purchase the above c.55C c. in Youngdong-dong 474, Youngdong-gu, Youngdong-gu, Youngdong-gu, Seoul, for a certain amount for 36 months and agreed to pay for the above c.6 months, and created a mortgage in the name of the victim Co., Ltd. as the bond value for the above c.

Nevertheless, on January 2013, 2013, the Defendant, in the name of the Defendant, transferred the above excavation machine to a creditor in the name of the Defendant by means of a security transfer for a debt of KRW 20 million to the creditor in the name of the Defendant, and let the victim company enter the facts charged in the above excavation season into “car”, but it is obvious that there is a clerical error in the above excavation season, and thus, corrected it.

In order to make it impossible to grasp the location of the victim and to prevent the exercise of mortgage on it, the victim's exercise of mortgage was obstructed by concealing the so-called "the so-called one's own possession" which is the object of the mortgage of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. An agreement on loan, a decision on the auction of construction machinery, and the application of Acts and subordinate statutes of the construction machinery register;

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 on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (with the recognition of a mistake by the defendant, the balance of debts is not significant by faithfully repaying loans for a considerable period after the crime is committed);

1. Social service order under Article 62-2 of the Criminal Act;

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