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(영문) 의정부지방법원 고양지원 2018.11.23 2018고단2360
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 8, 2018, the Defendant was sentenced to a suspended sentence of two years in June of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) at the Goyang Branch of the District Court, and the judgment was finalized on the 20th of the same month.

In the process of purchasing the first unit of C Hyundai Excavation on January 29, 2010, the Defendant received a loan of KRW 150 million from the victim Han Capital Co., Ltd. (hereinafter “victim”), and paid KRW 95,200,00 per month in the amount of KRW 2,437,440 per month by means of equal installment repayment of principal and interest for 48 months. Of the above loans, the Defendant paid KRW 54,80,000 per month by paying KRW 456,660 per month and repaid the principal at maturity for 48 months.

The defendant as security against the above loans shall be the same year.

2. 1. As to the above digging machines, the victim was the obligee, the defendant was the obligor, and the maximum amount of the claim was KRW 150,000,000,000. The defendant decided to sell the above digging machines at will upon the delivery of the above digging machines if the payment of the repayment was made on more than two consecutive occasions.

Nevertheless, on June 2013, the Defendant received a request from the injured party for the termination of the contract and the delivery of the above mining season on the ground that the repayment of the repayment was in arrears twice or more consecutive times, but was refused to pay only KRW 95,200,00 among the above loans, and the Defendant did not receive monthly rent from the name dump business operator (hereinafter “D”), around March 2017, on the condition that he would receive monthly rent from the name dump business operator in the vicinity of Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, the defendant concealed the defendant's goods, which are the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application for loans to purchase construction machinery, agreement on the establishment of collateral security, register of construction machinery, and notification of the cancellation thereof;

1. A previous conviction in judgment:

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