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(영문) 수원지방법원 2012.11.29 2012노2391
권리행사방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (Obstruction of Exercise of Rights) ① The Defendant did not actually operate a limited company G, E, and F Co., Ltd. (hereinafter “G,” “E,” and “F,” respectively. However, the Defendant merely invested in and formed a partnership with each of the instant companies by means of means of purchasing vehicles for export purposes. As such, the Z was only involved in the management of the vehicle for export purposes other than the delivery of the vehicle for export purposes and the closure of each of the instant companies, etc., and the Defendant did not know at all. ② The Defendant did not have any fact that (a) the Defendant, in collusion with the influence owners in name of H, I, and J, did not allow a third party to cancel the mortgage created on the vehicle for export and dispose of the vehicle for return to the third party, and (c) the Defendant did not have intentionally cancelled the mortgage under the name of Hyundai Capital Co., Ltd., and was obligated to grasp the real location of the vehicle for the victim.

In full view of the fact that the defendant could have anticipated the cancellation of a mortgage, as long as there is no legal obligation to prevent the cancellation of a mortgage, the court below found the defendant guilty of the obstruction of a right by concealing the victim's goods and obstructing the exercise of rights, there is an error of law by misunderstanding the facts.

(B) To the extent of supplement of the grounds of appeal filed by the defendant, the arguments described in the supplemental appellate brief submitted by the defense counsel are also examined).

In light of all of the sentencing conditions of the instant case of unfair sentencing, the lower court’s imprisonment (three years of imprisonment, additional collection) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake of facts (1) The Defendant of this part of the facts charged is G from August 201 to February 201, 201, from December 201 to June 201, and from February 201 to June 201, from February 201 to November 201.

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