logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.01.11 2016고단3944
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2015, the Defendant obtained a loan of KRW 228,50,000, agreed interest rate of KRW 6.5%, from August 5, 2015 to October 5, 2021, and then purchased one truck of KRW 3,841,060 from the above loan, which is deemed as B, within the office of AfH car, AfH car, which is located in the city of Busan, Busan.

On July 1, 2015, the Defendant: (a) set up a collateral on July 1, 2015, on the part of the Defendant, setting up a right to collateral security with respect to the above truck as the person with the right to collateral security on July 7, 2015, where the Defendant decided to hold the ownership of the truck.

After that, on April 2016, the Defendant sold the above truck owned by the Defendant, which was the object of the right to collateral security of the victimized company, to the person who was not the owner of the name, within the “D” located in G, G, B, which was around 300, thereby hindering the Defendant from exercising its rights by concealing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to documents appended to complaint, such as a contract for creation of collateral security, a motor vehicle registration ledger;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1)1 of the same Act (Article 62(2)1 of the same Act) (Article 62(1)1 of the same Act provides for the damaged company with the payment of the price of KRW 130 million sold the above truck, and the damaged company shall cancel the above right to collateral security and thus, result in the de facto execution of the above right to collateral security; the Defendant sold the above truck to receive more sales proceeds than selling the above truck)

arrow