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(영문) 울산지방법원 2016.10.20 2015고단2846

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is the operator of “C” as a manufacturer of vessel engine parts in Ulsan-gun B.

On January 6, 2012, the Defendant obtained a loan at the school-based branch of Ulsan-gu, Ulsan-gu, 362, the Defendant set up a right to collateral security of 60 million won against the victim regarding the building of the C plant and the machinery of the “sup bargaining center” (310 million won in appraisal) and the “CNC Line Co., Ltd.” (148 million won in appraisal).

1. On November 28, 2012, the Defendant committed the crime, around November 28, 2012, concealed the machinery by selling and delivering the said “CNC Line” machinery within the said C factory to traders D, thereby hindering the victim’s exercise of rights.

2. On April 20, 2015, the Defendant committed the crime, around April 20, 2015, obstructed the victim’s exercise of rights by concealing machinery by selling one machine of the said “shot learning center,” which was in the aforementioned C factory, to buyers E at KRW 120 million.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Documents to establish a mortgage and a certified copy of register;

1. Application of investigation report (verification of the fact of sale of the instant machinery) statutes

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Of concurrent crimes, punishment shall be imposed in consideration of the fact that the reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is not a large amount of damage, and no damage recovery or agreement has been reached, etc., disadvantageous circumstances, or the fact that the victim seems to be able to exercise his/her right to the machinery as stated