공장및광업재단저당법위반
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the owner of a factory who carries on plastic manufacturing business with the trade name of the defendant when he is in harmony C.
On August 20, 2010, the Defendant completed the registration prescribed by the Act on Mortgage on Factory and Mining Foundation, including the Industrial Bank of Korea, the maximum debt amount of which is 630,000,000 won, such as Model-250 (Model) and Model-250), such as the above factory site and Model-250 (hereinafter “SEE-250”), and committed the following crimes even if the movable property constituting a factory foundation is not transferred or delivered to a third party for the purpose of establishing a pledge.
On August 31, 2012, the Defendant sold and handed over KRW 51,1120,000 won in total, including six Model typesetting machines (SPE-250), one low speed pulverization machine to D, and one Model amounting to KRW 51,20,000.
(The 59,4220,00 won of the indictment appears to be a clear clerical error of 51,1120,000 won, and the defendant also recognizes it. The summary of the evidence is recognized without changing the indictment.
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Application of a copy of a sales contract;
1. Article 60 (1) of the Act on Mortgage of Factory and Mining Foundations concerning facts constituting a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act is deemed to have disposed of the above things without the consent of the creditor, but according to each evidence submitted by the defendant, the above money is deemed to have been used to repay most of the claims with preferential payment right prior to the creditor, such as wages of foreign workers, national taxes, etc., and considering other assets offered as security along with the depreciation degree of the disposed machinery, the damage to the creditor is not less than the amount indicated in the indictment, and the amount of damage is not considerably visible in light of the value of other real estate which was the joint security, and there is no particular criminal history for the defendant, and the defendant is guilty and divided.
order for any reason above.