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(영문) 창원지방법원마산지원 2020.11.18 2020고단892

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 31, 2013 to May 11, 2020, the Defendant provided three machinery, including one private typesetting machine owned by the Defendant as collateral and set up a collateral security interest with the victim as collateral and around November 27, 2013. On October 28, 2015, the Defendant set up a collateral security interest with the victim as collateral, by providing the victim with four machinery, including 140 million won owned by the Defendant, which is equivalent to 140 million won, from around November 27, 2013, to eight times from around October 31, 2013 to around August 1, 2020.

On August 2018, the Defendant sold and delivered one of the above SNC portal molding machine at the above C Co., Ltd. factory, which was known to the victim, at the price of KRW 130,000,000,000, and around October 2018, the Defendant delivered one of the above CNC portal locking machine to the person who was not aware of the victim.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a written appraisal, a detailed statement of evaluation of machines and instruments, a credit transaction agreement, and a collateral security contract;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The range of recommending sentencing guidelines set forth in Article 62(1) of the Criminal Act: The opinion of the prosecutor for six months to one year: Imprisonment with prison labor for a six-month sentence: even if the defendant claims for one year suspension of the execution of six months, damage is not significant, while damage was not recovered;

However, the defendant stated that he is aware of and against the facts of crime.

CNC portal smugglinging machine seems to have little economic value at the time of the disposition.

There is no criminal history exceeding a fine.

In addition, the age of the defendant;