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(영문) 대구지방법원 2014.03.26 2013고정2666

공장및광업재단저당법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the representative director of a company that manufactures and sells raw water under the trade name “D” in the Chungcheong-gun C.

On October 25, 2010, the Defendant borrowed 410 million won from the Daegu Bank's Gangwon-do Branch with the acquisition and operation fund of the above factory, and established a collateral security on the company's land and factory (including machinery and equipment) owned by the Defendant.

Although the owner of a factory is not allowed to transfer movable property constituting a factory foundation which is the object of the mortgage, the defendant disposed of 12 points of factory machinery, such as themination concentration, which is the object of the right to collateral security on November, 2012 and transferred it to the person who was not aware of the name.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Documents to establish a mortgage;

1. Application of statutes on the list of machinery and tools whose whereabouts are unknown;

1. Article 60 (1) of the relevant Act on Mortgage of Mining Foundations and Factory Foundations concerning facts constituting a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;