beta
(영문) 인천지방법원 2018.01.24 2017고단3243

권리행사방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the representative director of C in Incheon Nam-gu.

On May 12, 2010, the Defendant obtained a loan of KRW 1.29 billion from the Bank of Korea to the injured party at the 203,000,000,000 from the Hancheon-gu, Seocheon-gu, Seoul, Seoul, and then created a right to collateral security with the maximum amount of the claim amount of KRW 1.548 billion with respect to the land, building, machinery, etc. of a factory located in the Nam-gu, Incheon, Incheon, which is owned by the said Co., Ltd., the Defendant established the right to collateral security with the obligee and the maximum amount of the claim amount of KRW 1.548 million.

Nevertheless, around May 2012, the Defendant sold to the purchaser of used machinery in name in Nam-gu Incheon Metropolitan City, 2012 a total of 23,313,500,000 won of the appraisal that became the object of collateral security of the victim.

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. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A credit transaction agreement;

1. Application of Acts and subordinate statutes of Part I of the lower list;

1. The grounds for sentencing under Article 323 of the relevant Act and Article 323 of the Criminal Act for the selection of punishment [the scope of recommended punishment] [the grounds for obstructing the exercise of the right] [the decision of sentence] / [the defendant's age, sex, family, family relation, family environment, motive and means of a crime, circumstances after a crime, etc., shall be comprehensively taken into account the sentencing conditions shown in the trial process of this case, such as the defendant's age, sex, family relation, family environment, motive and means of a crime, and circumstances after a crime, the sentence shall be determined as ordered.

A favorable circumstances: The Defendant was given the time to commit the instant crime at an investigative agency.

There is no other history of punishment except that the defendant has been punished twice by a fine already.

Disadvantageous circumstances: The defendant was unable to reach an agreement with the victim.

The amount of damage is considerably high.

참조조문