beta
(영문) 창원지방법원 통영지원 2013.12.11 2013고정3

권리행사방해

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On February 5, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual fraud at the Changwon District Court’s Tong branch on February 5, 2013, and the judgment became final and conclusive on June 28, 2013.

On December 11, 2011, the Defendant: around 09:00 on December 11, 201, the Defendant cut off the Victim C, who was in the place of the ship located in the outer area of the city-si, using a method of putting the Victim C in a Dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of F in the protocol of suspect examination of the accused in the prosecution;

1. A protocol concerning each police suspect examination of the F;

1. A copy of each complaint filed, a copy of shipbuilding contract, a copy of a shipment certificate, a certificate of coastal fishery business license, a copy of a vessel lease contract, a copy of a sales certificate, a copy of a deposit passbook, a copy of a deposit account, a copy of a deposit receipt, a copy of a deposit receipt, three copies of each loan receipt, a copy of a charter fishing boat return, a copy of a collection certificate, a certificate of secured loan, a copy of a charter fishing boat report,

1. Division: Application of the Acts and subordinate statutes to the results of criminal justice integrated information system search;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the ship of this case is owned by the defendant, the actual owner of the ship of this case, sold the ship of this case to the defendant KRW 40 million and the defendant acquired the ownership after completing the registration of transfer in the name of his wife G, and therefore, the ship of this case cannot be deemed as property owned by another person, the object of larceny.

In light of the above, the following circumstances, i.e., lending the instant vessel at KRW 30 million between the Defendant and F as security, which can be recognized by compiling the above evidence.