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(영문) 부산지방법원 서부지원 2019.07.11 2019고정113
권리행사방해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 20, 2017, the Defendant produced and sold one of the three-eight-five million won representative directors of C and emergency power generators, and entered into an ownership reservation agreement with the Defendant prior to the full payment of the price, and produced the relevant power generator after receiving KRW 10 million from C, and around November 15, 2017, C, which received this, installed on the rooftop of the Etel building in Kimhae-si, where the damaged company D is being constructed.

Since then, the Defendant was unable to receive the remainder from C, and the Defendant interfered with the exercise of rights by the damaged company without the consent of the victimized company on April 30, 2018, which was installed on the instant officetel rooftop around 11:00.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A copy of the standard form of construction business type subcontract (D, B, and D, photograph of each emergency power generator to truck, 112 report processing sheet, sales contract, investigation report (H telephone telephone call) and defense counsel, the defendant's consent is reasonable to deem that there was the victim company's consent because the defendant brought about the development of this case with the consent of the victim company G at the time. Even though it is difficult to recognize the consent, the defendant's act constitutes a legitimate act and it is difficult to recognize the consent. However, according to each of the above evidence, G with the defendant's consent was delegated by the victim company with the custody of the power generator at the time, and G was difficult to manage the power generator at the time, and therefore, it was difficult to bring about the defendant at the time. However, if the defendant brought about the power generator at the time without the consent of the victimized company, it can be recognized that it could be a problem last. Thus, the defendant's consent from the victim company is likely to bring about the development of this case.

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