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(영문) 대구지방법원 경주지원 2017.10.18 2017고단360

권리행사방해

Text

A defendant shall be punished by imprisonment for one year.

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 is the representative of C Co., Ltd. at the time of racing.

On September 15, 2015, the Defendant created a right to collateral security of KRW 660 million on the security of the factory site and machinery and appliances in the factory site of C Co., Ltd. in the process of obtaining a loan of KRW 550 million from the Daegu Bank of Korea.

On October 2016, the Defendant continued to do so at the above C Co., Ltd. factory, and at will, from among machinery and instruments that the victimized company created the right to collateral security, the Lo. five types of appraisal (30,000 won appraised as 6,2630,000 won) and mining.

A type 1 (Evaluation Value of KRW 33 million), Banbs show 1 type (Evaluation Value of KRW 95 million), Magn-line cuter, other than Hn beam 5 type (Evaluation Value of KRW 4.5 million), drying machine type 1 type (Evaluation Value of KRW 200,000), 390,5130,000 in total appraised Value of KRW 50,000,00 in D.

Accordingly, the Defendant took part of the machinery and instruments owned by the Defendant, which are the object of the right to collateral security of the victimized company, by arbitrarily selling them as above, and obstructed the exercise of the right of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on a complaint, a mortgage creation contract, and a detailed statement of appraisal;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of sentencing guidelines] interference with the exercise of rights, such as interference with the exercise of rights (one type)

2. The value of the machines and instruments which the defendant voluntarily disposed of, and the defendant was not taken by the victimized company;

Provided, That the fact that the accused makes a confession, the damaged company has received the repayment of the loan from the Korea Technology Finance Corporation, and the Korea Technology Finance Corporation seems to proceed with the procedures of compulsory execution, etc. against the defendant's property, and exceeds a fine.