beta
(영문) 광주지방법원 2016.11.02 2016고단951

권리행사방해등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

The Defendant is a person who had been operating a manufacturer of automobile parts with the trade name of Hapong-gun C Co., Ltd.

1. On September 22, 2014, the Defendant: (a) borrowed KRW 500 million from the Victim New Capital Co., Ltd., Ltd., and borrowed KRW 220 million as collateral; (b) borrowed KRW 500,00,00 from the Victim PH-130 N (2013; hereinafter “DGH-850, and LGH-550; and (c) offered three parts as collateral to the victim for transfer; and (d) thereafter, on December 2, 2014, one unit of LGH-1300N (203, LG Article 203; hereinafter “PE-450,000,000 won as collateral; and (d) borrowed KRW 220,000,000,000 as collateral for transfer; (e) borrowed KRW 150,500,000,000 as collateral for existing LGH-50, 950,509.

The Defendant, as seen above, sold KRW 180 million to E on May 6, 2015 without notifying the victim of each one of the DL-130N (2013, friendly manufacturing), LGH-1300N (2003, LG manufacturing), ID-850EN90A (194, Gaone Star Manufacturing), which was offered as security for transfer, to E on the same day.

As a result, the Defendant concealed three of the above shooting period, which was the object of security for transfer to the victim's above shooting period, without consent of the victim, thereby hindering the victim's exercise of rights.

2. "2016 Highest 135";

A. On April 10, 2015, the Defendant against the Victim F Co., Ltd. F (G) made a false statement that “The Victim F Co., Ltd. F Co., Ltd., Ltd., located in Gwangju Mine-gu, would receive the cost of parts processing from the Plaintiff F Co., Ltd. I, a primary partner company, who continued to trade automobile parts processing, and pay the cost of parts processing in advance, if any.”

However, in fact, the Defendant had experienced financial deterioration since February 2015, and even if the Defendant requested the processing of automobile parts to the victim, it was thought that the Defendant would receive processing fees from the first partner Co., Ltd. and used them to repay other debts, and thus, the Defendant would pay the parts processing fees to the victim.