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(영문) 대구지방법원 영덕지원 2016.06.01 2016고단67
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative director of the “C” corporation in Yeongdeungpo-gun C.

On May 24, 2009, the Defendant received loans of 700 million won from the victim's "Korea bank" branch office located in the north-gu, Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to secure additional security on November 24, 2009.

On May 6, 2010, the Defendant sold the above machinery created by the right to collateral security, in order to obtain the company’s operating funds, and on May 6, 2010, sold the above machinery to the company’s “E” at will at KRW 62 million in total in the market price.

The Defendant, from that time until May 7, 2014, sold at will 6 machinery equivalent to the total market value of 292 million won among the eight of the above eight machines which were the object of collateral security of the victim at least five times in total, as described in the list of crimes in the attached Table of Crimes, and could not be identified.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

The defendant's legal statement F contains a written complaint and accompanying documents of the police statement, a statement of transaction from a purchasing company of alternative machines (30 million won), a confirmation letter (G H) and a statement of transaction, a mechanical transaction confirmation, etc. (Evidence Nos. 1 through 13, 25, 27, and 28), an investigation report (Attachment of Documents submitted by a Suspect), an investigation report (Attachment of Documents submitted by a Suspect), an investigation report (Attachment of Documents Attached to Documents submitted by a Suspect), and each accompanying document (Evidence No. 15 to 23, 26 of the Evidence List), pertinent Article 323 of the Criminal Act for criminal facts subject to statutory application, and Article 323 of the choice of punishment, as well as Article 37 of the Criminal Act for concurrent crimes (Selection of Imprisonment), Article 38(1)2, and Article 38(1)2 of the Criminal Act for aggravated punishment.

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