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(영문) 광주지방법원 2013.10.22 2013고단2840

권리행사방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

From October 8, 2012, the Defendants, at the house of Defendant B located in Ansan-si around October 8, 2012, assumed false documents as if the Defendant offered the Defendant’s D body-man car (current vehicle number) to Defendant B as security, and sold it by Defendant B, and then Defendant A would recover it again.

Accordingly, Defendant B made a false preparation of the same day security-related documents and sold them to the victim F, and the Defendants received 5.4 million won from the victim to the victim's agent at the time of transfer from the victim in the vicinity of the king-dong, Chungcheongnam-si, Chungcheongnam-si, Jung-gu, 19:51 on the same day.

After October 14, 2012, Defendant A was driving the said body-man car, which was kept by the victim on the third floor of the 306-dong underground parking lot in Jung-gu Daejeon-gu, Daejeon-gu, Daejeon-gu on October 14, 2012, using a reserve key without the consent of the victim.

As a result, the Defendants got the goods owned by the Defendant A, which were possessed by the victim, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Defendants: Articles 323 and 30 of the Criminal Act;

1. Defendants of detention in the Nowon-gu: The Defendants, in the reasons for sentencing of Articles 70 and 69(2) of the Criminal Code, pretended to have lent money to Defendant B as security even though they did not intend to sell the first passenger car of this case to Defendant A; and the method of crime of this case is very planned by taking advantage of the satellite tracking device attached to the said passenger car by obtaining money from the victim and taking it out; and Defendant B committed the crime of this case during the period of repeated crime; however, the Defendants led to the confession and opposition of the crime of this case; and the Defendants acquired it by the crime of this case.