권리행사방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The defendant of mistake of facts only affixed a seal on the relevant documents at the time when the victim entered into an exchange for the company-related non-performing loans, and did not know that the right of pledge was established on the instant machinery and apparatus.
In addition, in selling the instant machinery and apparatus, G, the head of the victim’s branch, was directly present at the site, so it cannot be deemed that it was concealed.
B. In the case of this case, the machinery and apparatus of this case cannot be deemed as the object of the victim's right, and the above machinery and apparatus are not the goods of the defendant, and there was no intention to obstruct the exercise of right by the defendant.
C. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the Prosecutor applied for the amendment of the indictment with the content that the facts charged in the instant case are modified as stated in the following facts charged, and the subject of the judgment by this court was modified by permitting it, the judgment of the court below is no longer able to maintain it in this respect.
However, the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles is still subject to the judgment of this court, which is examined below.
3. Judgment on the defendant's assertion
A. The following circumstances acknowledged by each evidence duly adopted and investigated by the court below and the court below on the assertion of mistake of facts, namely, ① the head of the victim L branch at the time of the instant case, and G, which arranged the company-related claims operated by the Defendant by means of exchange, stated in the court of the court below that the Defendant stated in the court of the court below that “the instant machinery and apparatus were not covered by the security, and the previous person in charge was talked to himself”, and that the Defendant testified to the effect that “the goods with the security are in place,” and ② the Defendant also testified at the time of investigation by the prosecution.