200 Highest 5649 Obstructions

A

Kim Jin-hee (prosecutions) and courtrooms (public trial)

Law Firm Liny Law, Attorney Gyeong-kin Law Firm

December 22, 2020

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records】

On December 18, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Goyang Branch of the District Court of the Republic of Korea on December 18, 2015, and the said judgment became final and conclusive on July 8, 2016.

【Criminal Facts】

On December 5, 2014, the Defendant offered two CNC Line Co., Ltd. Co., Ltd. (PUMA 240B) owned by C as collateral security, which is equivalent to KRW 162,00,000,000 of the market price on the same day, and offered one of CNC Line Co., Ltd. (ST32G) owned by C, the market price of which is equivalent to KRW 162,00,000,000, as collateral security.

However, around October 2015, the Defendant received and handed over 50 million won from the three groups of CNC Line (PUMA 240B) which are the object of the victim's security at the above C Factory Co., Ltd., the Defendant received 50 million won in personal information D.

Accordingly, the defendant concealed the goods owned by C, which are the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused (including E substitute part);

1. On-site photographs, accusation, letter of credit transaction, statement of loan ledger, loan ledger statement, security for transfer, contract for the sale and sale of goods, written estimate, written confirmation of authenticity, and fact-finding survey of places of business;

1. Previous convictions in judgment: Criminal history records, investigation reports on criminal records, and investigation reports;

Application of Statutes

1. Article applicable to criminal facts;

Article 323 (Selection of Imprisonment with Labor)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Partial Deposit and Concurrent Crimes under latter part of Article 37 of the Criminal Act)

Reasons for sentencing

All of the crimes of this case are recognized by the Defendant and is against mistake. The Defendant was punished on a separate basis by detention, taking into account the period of detention and the timing of disposal of the machinery of this case, etc. In addition, the punishment shall be determined by taking into account all the circumstances, such as equity in the case where the trial was conducted together with the case finalized by the instant case, and deposit of some amount for the victim.

It is so decided as per Disposition for the above reasons.

Judge Choi Chang-soo