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(영문) 인천지방법원 2015.07.02 2015고단1667
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around May 20, 2014, the Defendant agreed to repay the principal and interest at the interest rate of 13.9% per annum on a loan of KRW 237,800,000 per annum in the amount of KRW 93,80,000 for purchase funds of construction machinery (DL450, D) at the victim's effective capital capital (DX500, C) office in Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City office, the sum of KRW 144,00,000 for purchase funds of construction machinery (DL450, D) at the interest rate of 13.9% per annum. The Defendant set up a mortgage on each construction machinery as security on a loan of KRW 60 months.

The defendant from June 20, 201 to the same year in accordance with the above agreement.

8. Until October 20, 200, 2000 won and interest on a total of KRW 16,705,993 were paid on three occasions, with the intent to dispose of the said construction machinery, and at the influencies and below the Duyang-gun, Namyang-gun, not later than September 2014, the construction machinery was transferred in cash from an illegal disposal business operator of the construction machinery in his name and received KRW 50 million from the illegal disposal business operator, thereby hindering the victim’s exercise of rights by concealing two construction machinery that are the object of a right to collateral security.

On May 19, 2014, the Defendant borrowed 99,000,000 won from the business employees E of the business employees at the branch of Aju Capital Capital Co., Ltd., the injured party, at the coffee shop near Gwangju-dong on May 19, 2014, the Defendant paid the principal and interest for 48 months, and set up a collateral security of the maximum amount of 69,30,000 won in the above mining season.

In accordance with the above agreement, the Defendant had the intent to dispose of the above digging machine with the payment of KRW 8,532,303,000,000, and had the Defendant transferred the above digging machine to an illegal disposal business operator of construction machinery on September 2014, 2014, thereby hindering the Defendant from exercising his right by concealing the above digging machine which was the object of the right to collateral security of the victim.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. Examination protocol of the accused by prosecution;

1. The statement of the police officer with regard to G.

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