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(영문) 부산지방법원 동부지원 2015.01.28 2014고단1694
권리행사방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From August 2006, the Defendant had been operating C Co., Ltd. (hereinafter “C”) as the representative of C Co., Ltd. (hereinafter “C”) for the purpose of the consignment sale of construction machinery, heavy sale of construction machinery, etc. from Busan Jin-gu B building 301. From April 2012, C Co., Ltd. had been granted loans from the victim’s Hyundai Mack Social Co., Ltd. due to difficulties in operation of C’s operation.

Accordingly, the Defendant: (a) around April 24, 2012; (b) around June 12, 2013; (c) around June 12, 2013; (d) around KRW 50,40,000; (c) around June 19, 2013; (d) around June 19, 2013; (e) around KRW 63,00,000; and (e) around the same day, around KRW 56,00; and (e) around August 29, 2013; (e) around KRW 50,00,000; and (e) each mortgagee obtained loans on condition that the amount equivalent to each credit amount (and interest) after establishing a mortgage on the victim is divided for 48 months; and (e) continued to use the said confiscated on condition that the amount of the credit amount is repaid.

Since September 2013, the Defendant was unable to repay the principal and interest pursuant to the above loan agreement to the victim because the operation of C was more difficult, and the Defendant concealed the above five of the eculation period, which was the object of each mortgage as above, in order to prevent the victim from exercising the mortgage over each of the above eculation periods in Busan-dong, Busan-dong, Busan-dong, by offering it as security to the Defendant, approximately KRW 800 million against the Defendant and transferring the possession thereof.

After all, the defendant concealed each of the above excavation devices which are the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to J and K

1. Relevant Article 323 of the Criminal Act, Article 323 of the Criminal Act, and Article 323 of the Criminal Act, and the defendant's mistake in sentencing is divided.

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