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(영문) 대전지방법원 2016.06.03 2015고단3665

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

From December 2007, the Defendant was a person who operated a mutual meat processing company D in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

While running the above company, the Defendant provided the above victim with the machinery, tools, and structures as stated in the list of crimes, including 120 million won at the market price, on November 20, 2008, around 400 million won, around June 14, 2013, around 500 million won, around April 11, 2014, and around 14.8 million won, respectively.

In such a case, the defendant, on June 2, 2015, has a duty to keep the above collateral in accordance with the purpose of the collateral for the victim as a real right holder. However, the defendant, on June 2, 2015, concealed the location of the collateral by disposing of the above collateral to the name of the second machinery broker.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A credit transaction agreement;

1. Application of Acts and subordinate statutes on each appraisal statement;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no other criminal history, other than the punishment of a fine due to a violation of the Building Act, the agreed fact, and the one that is against the law);