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(영문) 인천지방법원 2016.03.31 2015고단8185
권리행사방해
Text

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

Reasons

Punishment of the crime

On July 8, 2014, the Defendant purchased C dump trucks from Korea Co., Ltd. within the unit home 11, a 151-gil, Seo-gu, Incheon, Seo-gu, and took out loans of KRW 198,050,000, which is a part of the purchase price of dump trucks, on the condition that the amount of loan principal is divided and repaid for about 72 months each month between the victim fump bus Korea Co., Ltd. and the social service Korea Co., Ltd., and registered the said dump trucks under its name on July 10, 2014, and established a collateral security right with the victim Co., Ltd.

As above, even though the Defendant ordered the victim company to establish a collateral security on his dump truck, around April 2015, the Defendant delivered the above dump truck to the victim company on the pretext of real reimbursement for KRW 20 million borrowed from D in the south-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, and prevented the victim company from grasping the location of the dump truck.

Accordingly, the defendant concealed the dump truck owned by the defendant, which is the object of the victim company's rights, and obstructed the victim company's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint;

1. Application of a sale contract, a contract for the establishment of collateral security on construction equipment, and statutes governing the registration of construction machinery;

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

1. The defendant shall be sentenced to punishment in light of the following: (a) the reason for imposing selective sentence of imprisonment [the scope of recommending punishment] the reason for imposing selective sentence of imprisonment [the scope of recommending punishment]; (b) the basic area (six months to one year) (no person in charge of special sentencing]; and (c) the unclaimed principal amount did not fully recover from the name even if the name was 186 million won.

In the specific sentencing, the fact that the defendant recognizes the crime and reflects it, the defendant has no record of punishment exceeding the same criminal record or fine, and the records and arguments of this case are shown.

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