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(영문) 수원지방법원 성남지원 2017.08.24 2017고단557

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. who manufactures electronic equipment and engages in wholesale and retail business.

On September 24, 2015, the Defendant created a right to collateral security against machinery owned by D Co., Ltd., as security against loans of KRW 100 million.

On February 3, 2016, the Defendant removed a total of 70,000,00 won from the 10th market price of the machinery with the right to collateral security, such as the same set forth in the list of crimes in the attached Table, which was in the fifth floor of the building of the Gyeonggi-gu Gyeonggi-si E, Gyeonggi-do, Gyeonggi-do, and deliver it to other creditors F, thereby interfering with the Defendant’s exercise of rights by concealing its own property which became the object of another’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement;

1. Complaint;

1. Application of the Acts and subordinate statutes on delivery certificates, photographs of machinery kept in storage, each contract for the establishment of a lower right, appraisal table, and specifications of machinery and tools evaluation table;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)