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(영문) 대구지방법원 서부지원 2016.09.23 2016고단1054

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who operated the “D” located in Daegu-gun C, was the owner of the above land, “D” factory, and machinery installed in the above plant.

On December 26, 2012, the Defendant: (a) borrowed KRW 1,680,00,000 from the Daegu Bank’s sales division located in Daegu-gu, Daegu-ro 126 on December 26, 2012; and (b) additionally set up a right to collateral security at KRW 400,000,000 on the same land, factory, and machinery, namely, the land, D; (c) the machine mining center established in the aforementioned factories; and (d) the machine learning center established in the above factories; and (d) the maximum amount of the claims, as KRW 2,016,000,000, at the same place on October 17, 2013, the Defendant additionally set up a right to collateral security at KRW 400,000,000 on the same land, factory, and machinery.

On July 2015, the Defendant sold and delivered to the business owner on the non-name, the sum of KRW 64,200,000, which was the object of the right to collateral security of the Daegu Bank Co., Ltd., Ltd. (Machinnring) and the first half of the machinery, such as Machnring Center, which was the object of collateral security of the victim Co., Ltd., Daegu Bank, was considerably difficult to discover the location.

Accordingly, the defendant concealed the two above machinery, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1448, Apr. 2, 2011>