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(영문) 대구지방법원 2014.02.13 2013고단5379
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 17, 2003, the Defendant, as the representative director of C, a company located in G, G, Gyeongbuk-gun, set up a collateral security on the land of a factory and the Fine Pring Steem machine, etc., which were located in the factory, as the creditor of the victim company, with the maximum debt amount of KRW 600 million as to the site of the factory and the Fine Pteem machine, etc., which were located in the factory.

Nevertheless, around March 2010, the defendant delivered the above machinery to D companies as the repayment of outstanding amounts, and made it impossible for the victim company to execute the right to collateral security.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A certified copy of real estate register, a statement of change of process mortgage, a certificate of registration and a statement of fact-finding financing, a contract for change of right to collateral security, a written agreement for loan transactions, and a statement of police statement

1. Application of photographic paper, factory photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that a defendant repents his mistake, and the real value (the value sold by the defendant is equivalent to KRW 11 million) of the disposed machinery is not significant, and the first offender is determined as ordered by taking into account the following factors: the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime.

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