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(영문) 대전지방법원 2015.09.15 2015고단67
권리행사방해
Text

Defendant

B Imprisonment for eight months, Defendant C shall be punished by imprisonment for eight months, and Defendant A by fine for three thousand won.

Defendant .

Reasons

Punishment of the crime

Defendant

C On February 4, 2015, a person who was sentenced to three years of suspension of execution in one year and six months by obstructing exercise of rights by the Daejeon District Court on February 4, 2015 and the said judgment became final and conclusive on February 12, 2015.

A corporation I established for the purpose of collecting aggregate in Geumnam-do, Chungcheongnam-do, Geumnam-do, as the representative director from March 2007 to April 2012, 200, and Defendant C as the representative director from April 2012.

K Co., Ltd. established for the purpose, such as the manufacture of the asphalt-gun in the J of J of J of J of J of Jeollabuk-do, was the representative director from February 2, 2007 to April 2012, and Defendant C was the representative director from April 2012 to January 2013, respectively.

Defendant

A and Defendant B are siblings, and Defendant C is a kind of agent.

1. Defendant B, on January 21, 201, purchased L 25.5 tons dump trucks in the name of K, and agreed to pay an installment for 48 months after borrowing KRW 120 million from Hyundai Casn Social Co., Ltd., for 45 months. On the same day, Defendant B provided the said dump trucks as collateral and set up a mortgage on the claim amounting to KRW 120 million for a creditor as the victimized company.

Defendant

B and Defendant C had been running the dump truck at KRW 76,567,920, and it was difficult to sell it in a normal way due to the mortgage established as above, it was intended to dispose of it as the dump truck as the dump truck's prompt name. The discovery of its location was significantly difficult by disposing of the dump truck with approximately KRW 30,000,000 from the dump truck around September 2012, through M, N,O, etc., which was introduced by Defendant A, and the cargo truck was disposed of at least KRW 30,000,000,000 from the dump truck.

As a result, Defendant B and Defendant C conspired to conceal the dump truck which is the object of the rights of the victimized company, thereby hindering the exercise of rights by the victimized company. Defendant A knew of such fact, thereby facilitating the crime of the said B and C.

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