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(영문) 수원지방법원 안양지원 2017.01.13 2016고단1530

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 201, the Defendant set up a comprehensive collateral security right under the Factory Mortgage Act to secure the amount of KRW 25,000,000 existing loans to the Defendant with respect to one unit of the waterside facilities equivalent to KRW 25,000,000 for the value of the appraisal (Moel: HBP-150L) and one unit of the appraisal (Moel: HBP-150,000, which is the site for the factory of B corporation operated by the Defendant, at the Industrial Bank of Korea of Korea located in Ansan-si, 345, the amount of which is the site for the factory of B corporation operated by the Defendant, and the appraised value, which is the factory machinery installed in the building.

On September 2014, the Defendant concealed one of the factory machinery, one of which was established by the comprehensive collateral security right under the above Factory Mortgage Act, from a factory B Co., Ltd. located in Sinpo-si, Sinpo-si, Sinpo-si, by moving the Defendant to B Co., Ltd. located in Sinpo-si, Sinpo-si, where the Defendant newly transferred, thereby hindering the Defendant from exercising the right

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (registration of suspect business operators and submission of photographs of the current status of compressors);

1. Application of a mortgage creation contract, full certificate of registered matters, and statutes on the list of secured machinery;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment recommended according to sentencing guidelines] - The basic area (six months to one year) (the decision of sentence] - Unfavorable circumstances: not restoration to original state. - favorable circumstances: Defendant is recognized to commit a crime.