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(영문) 서울중앙지방법원 2020.12.22 2020고단5649

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

[criminal power] The Defendant was sentenced to imprisonment with prison labor for a crime of fraud on December 18, 2015 at the Goyang Branch of the Jung-gu District Court on March 18, 2015, and the said judgment became final and conclusive on July 8, 2016.

【Criminal Facts】

On December 5, 2014, the Defendant offered two CNC Line Co., Ltd. Co., Ltd. (PUMA 240B) owned by C as collateral security, which is equivalent to KRW 162,00,000,000 of the market price on the same day, and offered one of CNC Line Co., Ltd. (ST32G) owned by C, the market price of which is equivalent to KRW 162,00,000,000, as collateral security. < Amended by Presidential Decree No. 25840, Dec. 29, 2014; Presidential Decree No. 25327, Dec. 29, 2014>

However, around October 2015, the Defendant received and handed over 50 million won from the three groups of CNC Line (PUMA 240B) which are the object of the victim's security at the above C Factory Co., Ltd., the Defendant received 50 million won in personal information D.

Accordingly, the defendant concealed the goods owned by C, which are the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused (including E substitute part);

1. On-site photographs, accusation, letter of credit transaction, statement of loan ledger, loan ledger statement, security for transfer, contract for the sale and sale of goods, written estimate, written confirmation of authenticity, and fact-finding survey of places of business;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation into criminal records and investigation into criminal records;

1. Relevant Articles of the Criminal Act concerning the crime. Article 323 (Selection of Imprisonment or Imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (Partial deposit, concurrent crimes under the latter part of Article 37 of the Criminal Act) is that the defendant is aware of all of the crimes in this case and is against the mistake.

Defendant was detained and punished separately, and considering the period of detention and the timing of disposal of the machinery of this case, etc.

In addition, the trial was conducted together with the case finalized separately as above.