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(영문) 창원지방법원 마산지원 2018.03.27 2018고단77

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is the representative director of the D Co., Ltd. located in Gyeongnam-gun.

Around October 19, 2007, D Co., Ltd. established the right to collateral security at the maximum amount of KRW 1,800,000,000 for the claims against the victim as the person with the right to collateral security against the land, buildings, and machinery of factories, including C, military, and not for the said obligation, while obtaining a loan from the Industrial Bank of Korea, D Co., Ltd. on or around October 19, 2007. Around March 5, 2012, D Co. established the right to collateral security at the time of merger with E Co., Ltd.; and D Co., Ltd continued to receive a loan from the injured party on or around June 27, 2013, D Co. established the right to collateral security at the maximum amount of KRW 1,080,00,000 for the above factory site, building, and machinery as the person with the right to collateral security.

From December 20, 2016 to February 20, 2017, the Defendant: (a) at the factory of the foregoing D Co., Ltd., one third source measuring instrument (in addition to the factory mortgage list of model names Hi564C, April 24, 2012); (b) one X-5100 H, August 16, 2013; (c) the X-V 205 model on the 3rd factory mortgage list of factories (in addition, to the factory mortgage list of model names X5100 H, August 16, 2013); (d) one luium luium ( Model MDF-200C, October 10, 2013; and (e) three 105 model on the 105th model on the 3rd model on the 105th model on the 3rd model on the 105th model on the 10th model on the 2nd model on the 2nd model.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Additional opinions on the president of the Industrial Bank of Korea and the complaint;

1. Application of Acts and subordinate statutes on credit transactions, written agreement on transactions, written agreement on collateral creation, all of the registered matters, certificates of all the matters, factories and mechanical photographs, machinery photographs, and credit transaction agreement;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;