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(영문) 광주지방법원 목포지원 2016.05.27 2015고단1507

권리행사방해

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the E Co., Ltd. located in Yongok-gun D.

On August 10, 2011, the Defendant, upon receiving a loan of KRW 700 million for business funds from a branch of the Victim Bank Korea, set up a mortgage of KRW 840,000,000 on the company’s factory buildings and machinery pursuant to the Factory and Mining Foundation Mortgage Act, and the said mortgage includes the appraised amount of KRW 14,40,000,000,000,000,000,000,000,000,000 won as machinery in the company’s factory.

On March 2014, the Defendant: (a) arbitrarily disposed of the two machinery at the factory of the above company; (b) received the price; (c) received the payment; (d) delivered the two machinery to the names of the winners; and (c) delivered the said machinery to the name winners.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with respect to F;

1. A contract for creation of collateral security;

1. Details and appraisal report;

1. A certificate, etc. of all registered matters;

1. A criminal investigation report and an investigation report (verification of closure of international pressure machinery);

1. Application of statutes, such as site photographs;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing guidelines [Types of Determination] The basic area [the scope of recommendation] basic area [the scope of punishment] from six months to one year [the person subject to general sentencing] - There is no record of criminal punishment [the person subject to suspended execution] - There is no record of criminal punishment - there is no record of criminal punishment - there is no record of positive consideration - there is no record of criminal punishment - there is no record of positive general consideration : social relation clearly, serious reflection, and detention of the defendant.