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(영문) 서울남부지방법원 2015.05.26 2014고단5150
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 17, 2013, the Defendant was sentenced to a suspended sentence of three years on July 24, 2014, for embezzlement, etc., in the Young-gu District Court Youngdeok Branch of the Daegu District Court, and the judgment became final and conclusive on May 24, 2014.

On January 25, 201, the Defendant, in collusion with Co-Defendant C on January 25, 201, purchased the victim Hyundai Social Sacker Branch Co., Ltd. in the second floor of the D Building in Won-si, and agreed to borrow KRW 113,00,000 from the victim company in the name of Co-Defendant C to make installment payments of KRW 113,00,000 each month by February 24, 2015, with the payment of KRW 2,920,545 each month from the victim company for the purchase of construction machinery. The Defendant set up a collateral security right of KRW 113,00,000 for the above debt to the victim company as security.

However, the defendant and Co-defendant C borrowed KRW 33,00,000 to a bond company with no name on February 2, 201, and delivered the above sofacs as security.

Accordingly, the defendant, in collusion with Co-Defendant C, concealed the above sofaculation which was the object of the mortgage of the victim company so that its location can not be grasped, thereby obstructing the exercise of the rights of

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Previous convictions in judgment: The application of criminal records, copies of written judgments (257 pages of investigation records), previous records of disposition and results of confirmation (285 pages of investigation records) Acts and subordinate statutes;

1. Articles 323 and 30 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Although the reasons for sentencing under Article 62(1) of the Criminal Act (i.e., agreement with the victim company), even if there are many criminal records against the defendant, the sentence shall be set as ordered and the execution of the sentence shall be postponed, considering the following: (a) the defendant has reached an agreement with the victim company as seen earlier; and (b) the crime for which the judgment became final and the latter part of Article 37 of the Criminal Act

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