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(영문) 부산지방법원 2014.04.09 2014고단589

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant from December 2, 2005 to February 2, 2012, in Yangsan City B, operated the construction of the vessel on board and the manufacturing company C (ju).

On October 28, 2009, the Defendant borrowed KRW 110,000,000 from the injured party located in the Dong-dong, Busan, the Small and Medium Business Corporation established a security for transfer to the two machinery, such as Teil Don Don Don Don, and the purchase of machinery owned by the Defendant was equivalent to KRW 60,00,000,000.

However, from November 2009 to November 1, 2009, the Defendant got damaged to the extent that it could not be used by repairing and transforming the machinery for about five occasions.

As a result, the defendant damaged the above machinery which is the object of the victim's right to collateral security and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A loan agreement, an agreement of transfer for security, and a statement of appraisal;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to photographs of damaged articles and report on the currency of the complainant representative);

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448, Apr. 1, 2007); 208Da1424, Apr. 2, 2008)