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(영문) 대전지방법원 2013.07.18 2012고단3486

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a de facto operator of Daejeon Jung-gu Co., Ltd. D (hereinafter referred to as “D”).

On January 22, 2002, the Defendant provided D-owned factory land and buildings as collateral to the damaged company with a loan from the Industrial Bank of Korea of Korea for the purpose of raising operation funds of D. On March 18, 2002, the Defendant provided the damaged company with an additional security for the damaged company with an additional security for HGVV Equuum Corum (value of 189,300,000 won) as a machinery and equipment installed in D-factory around March 18, 2002. On June 5, 2002, the Defendant provided the damaged company with an additional security for the damaged company with an additional security for the damaged company’s rights such as HG Vacuum Cordul (value of 13,820,000 won), 11,00 automatic washing machine (value of 6,941,000 won), 1,2620,000 won, and 381,000,000 won,00 won.

Nevertheless, on August 15, 2011, the Defendant, in violation of his duties, sold D-owned Hacrum Corum Equi Management 1, Hgurum Columtiter, 1, 11, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1,000,000 won to 120,000,000 won, thereby obtaining profits equivalent to the above amount and causing damage to the damaged company.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the certified transcript of corporate register, list of credit transaction status, list of collateral security, documents related to loan security, appraisal report, photographs and mechanical disposal-related materials;

1. Article 355(2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;