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(영문) 서울서부지방법원 2018.11.09 2018고단891

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

B Co., Ltd. is a company that carries on transportation by entering a tourist bus or school bus from a local borrower.

The defendant is the actual operator of C, and from May 30, 2017, the same year.

6. Until August 8, 200, the parties agreed to maintain an entry agreement with the borrower of the land in the territory B, and acquired the ownership of 55 buses (direct vehicles and branch vehicles) from B through public auction.

[2018 Highest 891] The Defendant on September 7, 2017, the victim E in the vicinity of the residence of the victim E located in Songpa-gu Seoul Metropolitan Government around September 7, 2017

the Borrower, operated as the Borrower;

On the grounds that there is an opinion regarding the settlement of secured debt, etc. on F Bus, the said vehicle possessed by the victim E using towing vehicles was stolen from that time until December 16, 2017, including towing and towing of the said vehicle by using towing vehicles, from that time to December 16, 2017.

[2018 Highest 1325] The Defendant was in possession of the victim I as the borrower on the roads adjacent to H located in Songpa-gu Seoul Metropolitan Government on January 7, 2018.

J For the reason that there is a different opinion regarding the settlement of collateral obligation against collateral security established on the bus, the said vehicle was stolen by the towing vehicle using the towing vehicle and the victim I occupied as the borrower of the land.

Summary of Evidence

1. Each legal statement of witness E, I, and K;

1. Complaints filed against E and eight others;

1. Original Register of Automobile Registration;

1. The high-priced prices of stolen vehicles;

1. A statement of accounts of each salary;

1. Investigation report (Report on telephone conversations between a witness and K) and the application of statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense. Article 323 (Selection of Imprisonment)

1. Determination as to the assertion under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes

1. As to the assertion that it was not an entry system

A. The relationship between the alleged defendant and the victims is merely an employment relationship, and the vehicle between the defendant and the victims.