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(영문) 광주지방법원 목포지원 2016.09.02 2016고단365

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative of a limited-liability company D located in Yongnam Cancer C.

On September 7, 2011, the Defendant borrowed KRW 1,044,000,000 from the victim bank at the point of the Korea Bank Payment Corporation established the right to collateral security with the victim bank, debtor limited liability company D, and maximum debt amount of KRW 1,252,80,000 with respect to the machinery and appliances, including the building and the hydrotensions (1,000t) owned by the said limited liability company, around the 9th of the same month.

Nevertheless, on November 2013, 2013, the Defendant arbitrarily sold the above presses equivalent to KRW 220,850,000, which had been assessed at the D factory of a limited-liability company, to a person who has failed to know his name without the victim’s consent.

Accordingly, the Defendant concealed the above pressure frame, which was the object of the right to collateral security of the victim, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the full certificate of matters to be registered (D), the details of appraisal of machinery and instruments, the full certificate of matters to be registered, and the credit transaction agreement;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of the Suspension of Execution] Obstruction of Exercise of Exercise of Exercise of Exercise of Exercise of Rights [Special Obstruction] - Where there are particularly extenuating circumstances in the commission of a crime, effort [decision in the sphere of recommendation] / Special mitigation [Scope of Recommendation] from one month to eight months [general person] - The mitigation element : The serious reflection [whether or not the suspension of execution of sentence] - Where there are extenuating circumstances in particular in the commission of a crime: If there is a clear social relation, serious reflection, or there is no criminal record of suspension of execution or more severe punishment.