beta
(영문) 대전지방법원 천안지원 2019.01.31 2018고단1872

권리행사방해

Text

Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive, each of the above punishments shall be executed.

Reasons

Punishment of the crime

Defendant

A is a person who owns D with a power-driven vessel D from October 18, 2016 to December 19, 2016, and Defendant C is a person who served as the captain of the said vessel from October 18, 2016 to December 19, 2016.

Defendant

A around December 19, 2016, at the F judicial scrivener office located in Sinpo City E, sold the above ship to G in KRW 1.82 billion. On December 19, 2016, upon receiving the down payment amount of KRW 50 million from the victim on December 20, 2016, A transferred the right to operate the ship (including possessory right) to the victim on four occasions from the victim on December 20, 2016. From January 19, 2017 to January 20, 2018, the total intermediate payment of KRW 510 million was received from the victim on four occasions, and the balance of KRW 1.26 billion was paid on January 30, 2018, and the transfer registration was made on the transfer date to the victim on the balance payment date, and the aforementioned right to purchase and sell the ship and the right to claim transfer of ownership should be preserved to the victim on June 21, 2012, respectively.

After all, Defendant A proposed that Defendant C would not pay part payments and sell it to another person because the victim did not pay part payments. Defendant C had different opinions on whether KRW 188,30,000 received from the victim from around December 2016 to June 2017, 2017, and Defendant C expressed that “the victim would not bring part payments to another person.” The operation of the above ship to move to the same paragraph in the Doyang-gun, Goung-gun.” Defendant C shared each other by accepting this.

Accordingly, the Defendants, along with Defendant C’s engine physician H, enter the said vessel as an auxiliary engine room using a lock installed at the entrance in front of the engine room of the said vessel, in front of the engine room of the said vessel where the victim is anchored in the south-gu area of Mapo-si, Mapo-si, Mapo-si on June 8, 2017, at around 03:30, the said vessel.