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(영문) 대구지방법원 2017.08.10 2017고단2072
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 10, 2015, the Defendant provided the Victim B (65 years old) with two foundations located in the Seogu-gu, Daegu-gu, Daegu-gu, 363, and the new Daegu-gu law firm (65 years old) as security for the two, one machine, one compressed machine, and one other parts.

It borrowed 30 million won from the injured party, and prepared a certificate of fairness in consumption and lending contract prior to the installment payments, stating that the machinery owned by the accused is provided as security for transfer to the injured party.

Nevertheless, on August 12, 2015, the Defendant: (a) sold the said machinery, which was the object of the victim’s security right, in Daegu-gu Office C; and (b) sold the said machinery, which was the object of the victim’s security right, from that time to May 2016, the Defendant: (c) sold the said machinery, which was the main business owner of the said location, to E, other than the public prosecution; and (d) sold the said machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Complaint;

1. Application of Acts and subordinate statutes to the original of a report on investigation (notarial deed);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Articles 25(1) and 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the crime of obstructing the exercise of rights under Article 323 of the Criminal Act does not constitute an offense subject to compensation order) [the scope of recommended punishment] [the scope of punishment] is that there is no person subject to special sentencing [the person subject to six months to one year] in the basic area (the scope of his/her exercise of rights) (the scope of recommended punishment] [the decision of sentencing] that the defendant arbitrarily disposed of and concealed the secured goods of 30 million won borrowed goods and has not been recovered until now.

However, the fact that the defendant recognized the crime of this case against the mistake, some interest was paid to the principal 30 million won, and the benefit acquired by disposing of the secured articles is 1.

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