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(영문) 창원지방법원 거창지원 2014.04.02 2013고단320
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2012, the Defendant borrowed KRW 80,000 from the Victim Dug Capital Co., Ltd., Ltd. to one of the stock companies located in the Magsan-dong, 1587-1, Magdong, Gwangju, and created a mortgage on C(D30S-3), D(D70S-5), E(D100) as a construction machinery owned by the Defendant.

After that, from January 2013 to February 2013, the Defendant concealed the construction machinery, which became the object of the victim’s claim, by means of selling and delivering the said construction machinery to a person who is not aware of his name without the victim’s consent, at G operated by the Defendant in the Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun.

Accordingly, the defendant interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to each agreement on security loan and each agreement on mortgage;

1. Article 323 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1) of the

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

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