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(영문) 대전지방법원 홍성지원 2017.01.10 2015고단750
권리행사방해
Text

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

Reasons

Punishment of the crime

On July 7, 2012, in order to secure the claim for installment payment for the above mining pool by the two companies in charge of the settlement of accounts, the Defendant established a mortgage on the amount of 45.6 million won for the victim company to the creditor as the debtor, and around March 29, 2013, at the victim company office located in the 809 Private School Center 9th century, the Defendant additionally borrowed KRW 20.9 million from the victim company at the victim company office located in the 809th century center as of March 29, 2013, the Defendant established a mortgage on the amount of KRW 209,90,000 as the creditor of the above mining ground.

Nevertheless, the Defendant paid an installment up until September 2013, and did not pay the remainder of the installment, and concealed the said excavation machine from the point of view of the water supply on December 2013, 2013 to the person in whose name the location was unknown, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by the head of a Si/Gun/Gu mutual savings bank;

1. An agreement on a security loan, the registration ledger of construction machinery, the details of arrears, and the application of Acts and subordinate statutes on credit information;

1. Grounds for sentencing under Article 323 of the Criminal Act in relation to the relevant criminal facts and Article 323 of the choice of punishment;

1. The basic area (from six months to one year) of the sentencing criteria (a person who has no special sentencing factors) shall apply the sentencing criteria [the scope of recommended punishment] and interfere with the exercise of the rights;

2. Determination of sentence: The defendant in August reflects the crime of this case, and there is no record of punishment exceeding the fine in favor of him.

However, the victim was unable to recover the vehicle due to the instant crime, and the damage therefrom seems to be at least KRW 50 million (the defendant added up the amount repaid from July 6, 2012, the amount of KRW 30 million was paid in installments.

However, on March 29, 2013, the principal shall be the sum of the previous and the additional loans.

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