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(영문) 부산지방법원 2016.04.21 2015고단5224

권리행사방해

Text

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

Reasons

Punishment of the crime

On October 18, 2006, the Defendant was the owner and operator of the “E” factory in Busan Seo-gu, and the Defendant was granted a loan from the Victim Busan Bank Co., Ltd. to the Plaintiff on the security of the factory building and inside machinery.

Since then, the Defendant started a voluntary auction procedure for the above factory buildings and internal machinery, and the F was awarded a successful bid on May 23, 2013, and paid 39,706,900 won in sales deposit on the same day, and was in mind to conceal it.

피고인은 2013. 6. 8. 경 위 공장에서 트럭과 크레인을 이용하여 호이스트 2대( 감정가 1,623만 원), 샷 룸 3대( 감정가 6,492,000원, 5,568,000원, 3,712,000원), 에어 콤프 레 셔 1대( 감정가 1,082만 원), 금속 부식기 1대( 감정가 7,424,000원), 인쇄기 1대( 감정가 3,064,000원), 인 화기 1대 (1,149,000 원), 필름인 화기 1대( 감정가 1,532,000원) 등 감정가 합계 55,991,000원 상당의 기계 10대를 불상지로 옮겼다.

Accordingly, the victim's right was obstructed by concealing his own property, which is the object of the victim's right.

Summary of Evidence

1. Each protocol of examination of the witness with respect to F, G and H;

1. Statement made by each prosecutor with respect to F, G, and H;

1. TheF statement made by the prosecution against the defendant in the protocol;

1. Each police statement made in relation to F, H and G;

1. A notice of time limit for payment of the Busan District Court Act (2,9) , E companies’ photographs, specifications of evaluation of each machinery and apparatus (4, 16,20 a.m. on a net basis), registers (s) , receipts, assessment statements, an appraisal report, a collateral security change contract, an application for supplement order for assessment, and internal photographs of the factory;

1. Application of Acts and subordinate statutes to investigation reports (on-site inspection and attachment of photographs of the case), field photographs;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the pertinent legal provisions on criminal facts, Article 323 of the Criminal Act regarding the choice of punishment, the Defendant of imprisonment and the defense counsel

1. Summary of the defendant and defense counsel;

A. Machines which contain the above facts constituting the crime.

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