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(영문) 창원지방법원 진주지원 2016.06.29 2016고단336

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from September 201 to October 201 of the same year, removed and disposed of a single set of KLin (3,300,000,000 won as appraisal value) owned by the Defendant through a scrap metal business operator, as collateral for loans of KRW 190,000,000 to the Industrial Bank of Korea of the victims of the said company, which was mortgaged on July 14, 2006 for the victim bank.

Accordingly, the defendant damaged the articles of the above company which is the object of the rights of the victim bank and obstructed the exercise of rights of the victim bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a mortgage creation contract, machinery, apparatus, and structure;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. In light of the fact that the value of the machinery and apparatus which have been voluntarily discarded by the defendant for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act exceeds 300 million won, the crime liability is not minor, but the fact that the defendant reflects his criminal act, the defendant's share in the machinery and apparatus of this case among the objects of collateral security established by the victim was not higher, the defendant has some circumstances to be taken into account when he disposed of the machinery and apparatus of this case after aging, and the fact that the defendant did not have the same criminal history and has no criminal history other than fine, and the defendant has no record of punishment other than the fine, and the defendant's age and sexual behavior, etc. shall be determined as ordered by taking into account the various factors of sentencing as shown in the records