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(영문) 전주지방법원 군산지원 2016.01.25 2015고단942

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd. in Kunsan-si C.

On January 30, 2013, the Defendant borrowed KRW 750,000,000 from the Industrial Bank of Korea located in the Si, Gunsan-si branch of the Industrial Bank of Korea, and completed the registration of creation of a security right at the maximum amount of KRW 900,00,000,00 for the total of 5 points of machinery, such as two Dongs (A, No. 1, 2, 1, and 2, Gunsan-si) and H-sn beam processing lines, owned by D.

However, around April 2015, the Defendant concealed “H- sn beamliner” equivalent to KRW 133,160,000 of the appraisal value from among the machinery of the machinery that was created by collateral security against the victim to E without the consent of the victim, thereby hindering the victim’s exercise of rights as to the right to the nearest right of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to a copy of the specifications of appraisal of machinery, tools and structures (five pages of investigation records) and a copy of a contract for creation of collateral security (24 pages of investigation records);

1. The relevant legal provisions of criminal facts and the unfavorable circumstances for sentencing under Article 323 of the Criminal Act (Selection of Imprisonment with prison labor): Price of disposed machinery and apparatus, and favorable circumstances that do not seem to have an effort to recover damage: Recommendations, sentences, and sentences of sentencing that are set by the Supreme Court Sentencing Committee to the effect that there are no same criminal records: Imprisonment with prison labor for up to six months to one year [basic areas that interfere with the exercise of rights] - Determination of sentence: 8 months (no effort to recover damage is made) of imprisonment with prison labor: Provided, That the court is not bound to give an opportunity to recover damage;

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