logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2015.10.16 2015고단1298
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 27, 2012, the Defendant purchased dump truck (the change of registration number to C on March 24, 2014) equivalent to KRW 93,60,000 in advance, and paid KRW 19,60,000 in advance. To raise the remainder of KRW 74,00,000 in advance, the Defendant entered into a contract for automobile installment financing on condition that 74,000,000 won was repaid in installments for 48 months and interest rate of KRW 13.9% per annum, and received KRW 74,00,000 from the victim. On February 29, 2012, the Defendant registered the owner of the said dump truck under the name of the Defendant on the same day with the said dump truck purchased by the Defendant as a collateral, and registered as the Defendant with the said dump truck as a collateral.

From June 2013, the Defendant was in arrears and was notified by the victim of the loss of benefit from time on September 25, 2013. On November 201, 2013, the Defendant was placed at the place where the said dump truck would be recovered by receiving notification of compulsory execution from employees of the victim company on the said dump truck. On January 28, 2014, the Defendant voluntarily decided to auction construction machinery from the court for the said dump truck.

On February 2, 2014, the Defendant stated to the effect that, in order to escape compulsory execution against the dump truck above, the Defendant parked the dump truck in the sump truck near the Seoul Airport (Seoul Airport), which is located in the sump truck, and the Defendant’s employees “it is a way to grasp the location of the dump truck.”

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. An application for debate on automobile installment financing, and the written agreement;

1. Decision on the voluntary auction of construction machinery;

1. Details of claims;

1. Photographs;

1. Application of Acts and subordinate statutes of a report on investigation (No. 20, 23, 24, 25 of the evidence list);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

arrow