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(영문) 인천지방법원 2017.04.27 2016고단8824
권리행사방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 11, 2011, the Defendant: (a) sold “F” in the “E” office of victim D operation in Seo-gu Incheon, Seo-gu; (b) sold “F” in which the Defendant actually managed the said “E” to “E; (c) was first paid the price of KRW 400 million in the tender specifications for the removal site in the G Co., Ltd.; and (d) agreed to settle the said scrap metal by the accounting method with the amount of KRW 45 million per km; and (c) on January 11, 2011, the Defendant was obligated to deliver the said scrap metal to the victim on the grounds that the victim was paid KRW 40 million in total, including KRW 150,00,000 and KRW 250,000,000 on January 12, 2011.

From January 14, 2011 to January 18, 2011, the Defendant delivered only the sum of 406,410km to the victim at the site of the removal of the said scrap metal at the site of the removal of the said scrap metal, which is a genuine solution in the GIG located in the GIG. From January 15, 2011 to January 21, 2011, the Defendant delivered the said scrap metal owned by the “F”, which is the object of the victim’s claim for delivery, to the I operating H, which is the sum of 453,300 kilograms of the said scrap metal owned by the victim.

Accordingly, the defendant concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, J and I;

1. Statement made by the prosecution to K;

1. An investigation report (to hear statements from a witness);

1. Application of Acts and subordinate statutes, such as each scrap metal contract, copy of passbook, etc., details of account transactions, each measurement ledger, and contract for scrap metal;

1. The pertinent legal provisions on criminal facts, Article 323 of the Criminal Act on the selection of punishment, the reasons for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for obstructing the exercise of the right] and there are no basic areas (six months to one year) [the person subject to special sentencing] [the decision of sentence], but no effort is made to repay damage even though the degree of damage is not significant, and it is urgent to deny the criminal act, and there are also circumstances to instigate a witness to give perjury.

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