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(영문) 대구지방법원 포항지원 2016.10.05 2015고단1053
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around October 5, 2012, the Defendant decided to purchase one of the Myanmar D 2009 A from B around the same day, and on October 19, 2012, the Defendant concluded a contract to the effect that, in order to raise the above cherb amount of loans to AB Savings Bank, 35 million won, loan period of 36 months, interest rate of 19.9%, and that, in order to raise the above cherb amount of loans from AB Bank, the Defendant received the loan from AB Savings Bank, and on October 19, 2012, established a mortgage on the above cherb amount of loans with the victim as the mortgagee, 35 million won, and 35 million won.

From January 1, 2014, the Defendant repeated delinquency due to failure to pay the principal and interest of loans on a fixed date, and transferred the said excavation machine to D from the machinery surface of the North Korean Port on March 19, 2014, thereby making it impossible for the Defendant to grasp the location of the victim.

Accordingly, the defendant concealed the excavation equipment owned by the defendant, which is the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. An application for automobile loan and an automobile loan agreement;

1. A written agreement on payment guarantee and payment guarantee;

1. Certificate of automobile transfer;

1. 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;

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