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(영문) 수원지방법원 여주지원 2016.05.04 2016고단192
공갈미수등
Text

1. Defendant A and C shall be sentenced to 10 months of imprisonment, Defendant B shall be sentenced to 4 months of imprisonment, Defendant D shall be sentenced to a fine of 3,00,000 won, and Defendant E.

Reasons

Punishment of the crime

"2016 Highest 192"

1. The Defendants’ joint crimes committed by the Defendants are those who have overall control over the operation and management of the farm while raising pigs from J (Representative Director C) and L farm operated by K Co., Ltd. (Representative Director C) to Jun. 2014, 2014 (hereinafter “L farm”).

Defendant

B is a creditor who, on November 25, 2013, has the fairness certificate of consumption and borrowing contract prior to the installment transfer security deposit (hereinafter referred to as "the fairness certificate of this case", the debt amount of which is 150 million won, and the transfer of corporeal movables located in L farm as security) against K Co., Ltd.

On March 5, 2014, K Co., Ltd. (the representative director C) filed an application for an auction on L farm and the auction was commenced on March 12, 2014.

On June 2014, Part C leased L farm to the victim M(51 tax). However, the victim planned to purchase the L farm through the above auction.

On July 1, 2015, the Defendants received a seizure and collection order for the claim for the delivery of tangible property held by K stock company against the victim, and demanded to deliver the movable property of L farm, the security for the transfer of the instant process certificate used by the victim. The victims did not comply with the request.

A. On July 15, 2015, the Defendants posted a banner with the content that “in the course of seizure of corporeal movables of the farm (in the inside facilities of the farm)” and “in the course of provisional disposition prohibiting movement of organisms (in pigs)” prepared in the vicinity of the entrance of the L farm operated by the said victim.

However, in fact, the Defendants did not attach the right to claim delivery of corporeal movables against the victim, and they did not attach all the internal facilities of the L farm, and only applied for a provisional disposition prohibiting movement of pigs, and did not have received the decision from the court.

Accordingly, the Defendants are the defendants.

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