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(영문) 창원지방법원 2015.11.26 2015고단259
권리행사방해
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in shipbuilding design and painting business under the trade name of “E” in Kimhae-si D.

Around August 16, 2011, the Defendant took out a loan of 200 million won from the Industrial Bank of Korea Kimhae-dong, the Industrial Bank of Korea Kimhae-dong (200 million won). On January 16, 2012, the Defendant concluded a mortgage contract on the land for factory and its ground buildings owned by the Defendant and concluded a mortgage contract on the land for factory and its ground, etc. owned by the Defendant, and evaluated and provided the Industrial Bank of Korea with an appraisal of 4740,00 won, shock sets (Apropype, 090 x 1,500,000 won, shock sets (Hist Crae, 3,500 x 3,500 x 506,000 x 6,4920,000 won, 100,000 won, 9280,000 won, 360,0500,000 won, 3630,050,00

On July 2012, the Defendant, at the above E plant on July 2012, 2012, moved one shock machine (Apron Type, 090 x 1,150m x 1,50m) from among the above machinery to "G" actually operated by the Defendant in Kim Sea-si, and concealed or damaged the above machinery that became the object of the rights of the Industrial Bank of Korea by selling two shock machines from the above machinery to the "G" in substance operated by the Defendant in Kim Sea-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each legal statement of the witness H and I;

1. Application of Acts and subordinate statutes, five copies of a credit transaction agreement, three copies of a collateral security contract, two copies of an appraisal, one of an individual agreement of security service contract, and nine photographs;

1. The security shall be disposed of without permission, in a situation where the remaining obligation exceeds 60 million won, under Article 323 of the Criminal Act applicable to the relevant criminal facts, Article 323 of the choice of punishment, and the reason for sentencing of imprisonment with labor.

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