beta
(영문) 광주지방법원 목포지원 2017.02.03 2016고단1580

권리행사방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the limited company C established for manufacturing business, etc.

Around March 30, 2012, the Defendant: (a) at the branch of the Victim’s Bank of Korea (hereinafter “The Bank of Korea”) established a collateral security on the Plaintiff’s land for factories, buildings, etc. with the maximum amount of KRW 1,200,000,000 on D site; (b) registered the establishment of a collateral security right of KRW 1,20,000,000 on the above factory site; (c) at the same place around July 26, 2012, at the same time, the Defendant filed an application with the victim for a change of the market price of KRW 368,00,000,000, in a total amount of KRW 50,000,000,000, market price of KRW 50,000,000,000; and (d) registered the change of the market price of KRW 1,200,000,000 on the same date.

On October 2013, the Defendant disposed of the said three machinery and equipment at the place of the instant limited company C, which became the object of the victim’s right to collateral security, by demolishing the said three machinery and equipment in the aggregate amount of KRW 620,400,00,00, from the market price owned by the limited company C, with the victim’s right to collateral security, to the solid property that could not be identified.

Accordingly, the defendant was prevented from exercising his rights by taking and destroying the defendant's property which was the object of the right to collateral security of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a list of machinery and tools taken out without permission, a written agreement on the establishment of a right to collateral security, each additional agreement on the establishment of a right to collateral security, a statement of business trip, an appraisal report

1. Article 323 of the Criminal Act applicable to the crime and Article 323 of the option of punishment (the penalty shall be imposed);