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(영문) 창원지방법원 진주지원 2019.07.18 2018고단1403
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant: (a) on February 3, 2017, at a stock company substantially operated by the victim B as a dump truck, received the registration of ownership transfer of D dump truck, and worked as a dump truck owner; and (b) on May 13, 2017, the Defendant transferred the dump truck to the victim on the condition that the dump truck will retire from the office of C

1. On January 7, 2018, the Defendant driving a dump truck with the auxiliary key that the victim was parked on the front road in lightyang-si, Manyang-si, on January 7, 2018, and operated a dump truck with the Defendant’s market value equivalent to KRW 200,000,000, which was the objective of the victim’s possession.

2. On January 14, 2018, the Defendant, at around 18:00 on January 14, 2018, driven a dump truck with the auxiliary key possessed by the victim at a sump truck in the vicinity of the sump police box located within the 51 Manyang-si, Manyang-si, and used the dump truck with the market value equivalent to KRW 200 million, which is the market value owned by the Defendant, the object of possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each complaint;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 3, 4, 5, 7, 8, 17 of the evidence list);

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is taking a vehicle and causing damage to the victim's side while driving the vehicle is disadvantageous. The confession of the defendant, and that the defendant has received the victim's side and settled money during the civil trial proceeding and agreed to transfer the name of the vehicle to the victim's side is favorable to the defendant.

This situation is the age, occupation, character and behavior, environment, motive, means and result of the crime.

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