logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.11.19 2014고단2762
공장및광업재단저당법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. (hereinafter referred to as "D") located in Ulsan-gun C in Ulsan-gun.

1. Around January 29, 2007, the Defendant created a mortgage on 26 machinery, equipment, etc. between the victim and the victim, such as CNC Ppee Coke Machine 1, Bandling Machine 1, Pip 1, and Pipe Bend 1, etc.

Nevertheless, around February 25, 2014, the Defendant: (a) concealed the Ppe Bender 1 (the appraisal value of KRW 55,000,00) in D’s factory to E, its creditor; (b) around February 27, 2014, the Defendant obstructed the exercise of the right by concealing the CNC Ppe Core Machine 1 (the appraisal value of KRW 260,00,000) in the D plant; and (c) Bandling Mach 1 (the appraisal value of KRW 33,00,00) in the manner of transferring it to F, its creditor, respectively, for repayment of its obligation.

2. Around July 22, 2008, the Defendant created a mortgage on the maximum debt amount of 45 million won against the victim, Gyeongnam Bank Co., Ltd., in relation to the one for whom the Defendant obtained a loan at a branch of the Gyeongnam Bank, Gyeongnam Bank, and for the other for whom the Defendant obtained a loan at a branch of the Gyeongnam Bank, Gyeongnam Bank, Korea. (The appraisal was 45 million won).

Nevertheless, the Defendant was unable to pay the price for the delivery of goods to the Customer because the management status of D was difficult. On March 1, 2014, the Defendant was aware that the representative director of H, Inc., the business partner, would have brought about the above D factories in order to pay the debt, but did not immediately recover it from I, and obstructed the Defendant’s exercise of rights by concealing it to the employees of the victim company who asked for the location of the D companies by implied means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, E, J, and K;

1. The prosecutor's statement concerning the F;

1. Each police protocol against J. 1.

arrow