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(영문) 전주지방법원 2020.05.27 2019고단1315 (1)
공장및광업재단저당법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the representative director of the BB Bank established for trade business purposes.

On September 8, 2015, the Defendant provided a factory mortgage in accordance with Article 6 of the Act on Mortgage on Factories and Mining Foundations, in addition to the establishment registration of a neighboring mortgage on the real estate of the said juristic person at the former North Korean branch office of the Seoul Special Metropolitan City Small and Medium Business Corporation located in the fourth floor of the Seoul Special Metropolitan City, Seoul Special Metropolitan City, Seoul Special Metropolitan City, in addition to the maximum debt amount of KRW 480,000,000,000,000 in real estate of the said juristic person, and the ownership of the said juristic person as the owner of the right.

The owner of a factory shall not transfer any movable property constituting a factory foundation which has become the object of a mortgage pursuant to the Factory and Mining Foundation Mortgage Act, or deliver it to a third party for the purpose of establishing a pledge right.

Nevertheless, the Defendant, on November 16, 2016, carried out 1, 208, 200 c. 3 c. 3 c. 1 c. 3 c. 3 c. 3 c. 3 c. 3 c. 3 c. 4 c. 3 c. 3 c. 4 c.

Accordingly, the defendant transferred the movable property of 65,500,000 won among the movable property constituting a factory foundation which is the object of the mortgage.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. A financial transaction certificate, a loan agreement, a collateral security contract, a collateral security contract, a contract to alter the right to collateral security, a report on the shipment facilities and respective electronic tax invoices;

1. Application of Acts and subordinate statutes to a investigation report (related to a discarded pulverization machine), investigation report (limited to a suspect A telephone statement and a certified copy of corporate register B), investigation report (in the case of five removal facilities, such as a relative pulverization machine, etc., the representative E representative E representative E representative E representative E representative E), investigation report (additional phone statement);

1. Article 60 of the Act on Mortgage of Mining Foundations, alternative factories and mining foundations regarding facts constituting a crime;

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