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(영문) 전주지방법원 2016.06.17 2016고단245
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of a corporation that manufactures and sells ESD mine sources in the former North Korea-gun C.

From August 31, 2010 to April 20, 2012, the Defendant purchased a total amount of KRW 853,060,000 among the 12 machinery market prices listed in the annexed crime list, including DIE BE 5, etc. from around August 31, 2010, and borrowed KRW 2,262,70,000 from the victim bank on seven occasions during the above period, and provided the above 12 machinery as a collateral for the above loan obligation, the Defendant secured the transfer of the above 12 machinery to the victim bank.

Defendant 1 sold 271,00,000 won in total without the consent of the injured party, as well as 271,00,000 won from around February 28, 2015, the following year: (a) around February 21, 2014; (b) around the day when the operation of the above company was difficult; and (c) around May 28, 2015, the list Nos. 1-2 of the crime list No. 4 and No. 2 of the attached Table No. 1 of the crime committed in the above company.

6. Until February 2, the victim's exercise of rights was hindered by voluntarily disposing of and concealing six remaining machinery on the list of crimes by means of scrap metal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint;

1. Investigation report (Submission of E-data by a complainant) and attached data (the details of execution of the D facility loan, the detailed statement of appraisal of machinery and tools, transfer security contract, inquiry of details of credit transaction, the statement of calculation of required funds, the statement of calculation of D instrument, the report on research of D instrument and instruments, and the change contract

1. Investigation report (Submission of suspect data and hearing of statements) and attached data (transaction details, proposal, transfer statement, certificate of transfer confirmation, and written estimate);

1. Application of the Act and subordinate statutes on the list of mechanical net for transfer security;

1. Relevant provisions of the Criminal Act and Article 323 of the Criminal Act concerning facts constituting an offense (the point of obstructing the exercise of rights and choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order 1.

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