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(영문) 전주지방법원 2015.09.23 2015고단1219
권리행사방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 19, 200, the Defendant was a person who operated C in Geumcheon-gu Seoul Special Metropolitan City, and around June 19, 2000, the Defendant created a mortgage in accordance with the Factory Mortgage Act for the total amount of KRW 167,145,00,00, of appraised value, such as CNC Line, flat searcher, nuclear smoke searcher, line, locking, locking, computer disrupting, stampping, sloting, sloting, Maching, and so on, which was in the above factory, after receiving a loan of business funds from the Bank of Korea of Victims.

On September 201, the Defendant transferred and concealed the above machinery kept in order to pay the credit amount of raw materials to KCC to a person with an defective name, thereby hindering the victim from exercising his/her rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a copy of credit transaction agreement;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

2. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

3. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the fact that the defendant committed the crime of this case and committed a violation against his mistake, etc., but did not reach an agreement with the victim even though he did not make active efforts to recover damage, and thus, the defendant was disadvantageous to the defendant, such as the defendant's age, character and behavior, environment, motive, circumstance, means, method and consequence of the crime of this case, and the circumstances before and after the crime of this case, etc., the punishment as ordered shall be determined by taking into account all the factors of sentencing

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