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(영문) 울산지방법원 2020.12.09 2020고단4086
권리행사방해
Text

A defendant shall be punished by imprisonment for 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

On July 3, 2015, the Defendant created a collateral security right with regard to the two MCT monitoring devices, the market price of which is KRW 260 million, while obtaining a loan from the injured party Industrial Bank of Korea for small and medium enterprise facilities funds from small and medium enterprises.

Nevertheless, on April 2019 and on June 2019, the Defendant arbitrarily transferred two MCR Smugglinging machines, which were kept in the above C factory, to the seller and seller.

Accordingly, the defendant concealed his own property, which was the object of the victim company's rights, and interfered with the victim company's rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of the complaint, credit transaction agreement, mortgage contract, and factory appraisal report;

1. Relevant Articles of the Criminal Act and Article 323 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. In full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant did not agree with the victim until now but appears to have been implementing consultation related to the repayment of damage; (c) the Defendant did not have any record of criminal punishment exceeding the same kind of power or fine; and (d) the amount of damage in this case’s actual size (which is equivalent to approximately KRW 32.5 million on the principal standard); (c) the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the instant crime; and (d) the records, such as the circumstances after the crime, etc., the sentence

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