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(영문) 창원지방법원 마산지원 2017.07.18 2016고단1369
공장및광업재단저당법위반등
Text

The 2016 order 1369, 2017 order 8, 2017 order 189 order 2017 order 2017 order 2017 order 504 order 2017 order 2017 order 2017 order 201.

Reasons

Punishment of the crime

[2] On May 22, 2014, the Defendant was sentenced to two years and two months of imprisonment with prison labor and ten months of imprisonment with prison labor for a crime of violation of the Punishment of Tax Offenses Act at the Changwon District Court on May 22, 2014, and the said judgment became final and conclusive on May 30, 2014, and the parole period was expired on November 30, 2015 when the sentence was executed in the Changwon Prison.

[2] Criminal facts: D, from April 6, 2015 to February 26, 2016, “2016 Highest 1369,” was the representative director who runs a F Co., Ltd. located in the Hannam-gun E; and the Defendant was a person who acquired a F Co., Ltd. from D around February 26, 2016 and actually operated until now.

F Co., Ltd. borrowed KRW 3.3 billion from the Industrial Bank of Korea on June 30, 2015, and established the right to collateral security for the G land and the factory building of the F Co., Ltd., the F Co., Ltd. established the right to collateral security for the G land and the building of the F Co., Ltd. and established the right to collateral security for the aforementioned factory building pursuant to Article 6 of the Act on Mortgage of Factories and Mining Foundations, and the Defendant, the operator of F Co., Ltd., had the duty to keep the above machinery, equipment and structures, which are the object of the right to collateral security, in conformity with the purpose

Nevertheless, the Defendant violated the above duties and transferred 7 iron processing machinery equivalent to KRW 1.44 billion in total market price to H et al. from February 29, 2016 to June 13, 2016, as stated in the list of crimes in the attached Table, and thereby, the Defendant acquired property benefits equivalent to KRW 1.44 billion in total and suffered property damages to the victim company.

"2017 Highest 8" Defendant is an employer who runs the manufacturing business of steel structures as the representative of the F Co., Ltd. located in Hannam-gun E, and was employed by the said company on May 17, 2016 and was employed by the said company on September 23, 2016, and was retired on August 2, 2016, 200 of the victim I retired on September 23, 2016, and 1,163,122 won in total of 4,031,122 won in total.

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