(영문) 대전지방법원 홍성지원 2012.11.09 2012고정216

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(영문) 대전지방법원 홍성지원 2012.11.09 2012고정216

권리행사방해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around January 2009, the Defendant, as the representative of the Chungcheong Budget Co., Ltd. Co., Ltd. Co., Ltd., the Defendant agreed to: (a) around April 2009, that “YY 1.4 billion won was bided at KRW 1.4 billion to the victim D; (b) it was loaned KRW 30 million as payment for commencement of works; (c) it was established as a guarantor; and (d) it was transferred to the victim; and (e) if the license is not transferred, C Co.’s equipment and materials will also be transferred to the victim; (b) the Defendant failed to transfer the above company’s equipment and facilities to the victim; and (c) on March 20, 2009, the Defendant provided the victim with the equipment and materials stored in the warehouse of the said company as security by delivering the key of the warehouse at KRW 3 million at the market price of the said company; (d) on October 20, 2009, the Defendant took the part of the above company’s right to exercise the rights from the victim’s warehouse.

Summary of Evidence

1. The legal statement of witness D and E;

1. Part of each protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes to a written statement of rejection of cash and written confirmation;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that the defendant did not borrow 30 million won from the victim D or provide 27 stuffs as security. However, according to each of the above evidence, the defendant had a duty to pay 30 million won to the victim and provided 27 million won to the victim as security. In this regard, the defendant provided 27 b7 stuffs and his right to lease on a deposit basis as security, and disposed of the above 27 stuffs without the victim's consent.

참조조문

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