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(영문) 대전지방법원 논산지원 2020.04.14 2020고단28
권리행사방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, from January 2012 to June 14, 2018, is a person who has operated a fertilizer distribution business, etc. in the trade name, which is, the corporation operating a fertilizer distribution business from Seosan-si B.

On August 24, 2015, the Defendant filed an application for a loan for small and medium enterprise facilities with a total of KRW 920,000,000 to the Industrial Bank of Korea of the victims on August 24, 2015, and provided the buildings, land sites, and machinery inside the factories of the Fund in the same day as a joint security, and set up a mortgage with a maximum claim amount of KRW 220,00,000,000,000 as a joint collateral.

After that, on June 2018, the Defendant was unable to repay the above loans, on or after that date, at Film Ext (2-day Teype (75-75) of the market value of 5,1940,000 won among machinery for which the right to collateral security was established without the consent of the victim, and at least 35,000,000 won of the total market value of 18,000,000,000 won of the market value (2-day Teype (85-75) and 18,000,000,000 Screw Cosor (CKX660) were disposed of without the consent of the victim in the form of payment in kind for loans of 10,000,000 won to F who operates the Dispute Resolution, from that time to November 20, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The president of the Bank;

1. Application of Acts and subordinate statutes to the account statement, the president of a loan, a credit transaction agreement, a mortgage contract, a full certificate of registered matters, a full certificate of registered matters, the details of account transactions, etc., a sales contract for used machines and the attached data

1. Relevant Article 323 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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