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(영문) 수원지방법원 성남지원 2016.02.17 2015고단1429
권리행사방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

As the representative of the Cargo Transport Business Co., Ltd. (hereinafter “C”), the Defendant purchased the D4.5 tons of cargo vehicles, E 17 tons of cargo vehicles, and registered the cargo transport business under the name of C and registered the cargo transport business.

On November 16, 2013, the Defendant entered into a contract with the victim F and the victim to the effect that “The victim bears approximately KRW 145,00,000 in installments for the E-motor vehicle, and the Defendant shall transport the cargo by the Defendant’s good offices using the cargo vehicle, and the Defendant shall receive the freight from the owner and pay the remainder after deducting all the expenses, such as monthly payment of the vehicle, management expenses, association expenses, etc., as profits, to the victim.” On November 16, 2013, the Defendant had the victim transport the E 17 tons cargo vehicle.

On September 15, 2014, the Defendant: (a) found the end point of the bus No. 100 (100), near the bus stop located in the Chang-dong, the victim, (b) voluntarily deducted the overdue oil payment, etc. occurred during the freight charge from July 2014, which was to be paid to the victim due to the operation of the E freight, and (c) had the victim, who is an employee of the C, drive the E freight to C office using the vehicle auxiliary key in his possession, on the ground that the victim had paid the overdue payment in July 2014.

Accordingly, the defendant, who is the object of the victim's possession or right, took the object of C operated by the defendant as the act of performing his duties, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the prosecution with regard to H;

1. Application of Acts and subordinate statutes, such as the ledger of cargo carriers, the letter of resolution on expenditure, the letter of confirmation, and I transportation contract;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that a person injured by reason of sentencing of Article 334(1) of the Criminal Procedure Act does not want the punishment of the defendant.

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