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(영문) 인천지방법원 2018.02.13 2017고단6104
권리행사방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 16, 2014, the Defendant entered into a contract to purchase the Victim S S SIS HDG M 374,000,000 won in total, and entered into a contract with the Defendant on July 16, 2014, to provide the Victim and the 81,175,000 won in total and the 73,000 won in total and the 73,000 won in total, and the 73,175,000 won in total and the 81,000,000 won in total and the 73,175,000 won in total and the 73,175,000 won in total, the amount of the debt, and the 73,175,000 won in total, a mortgage-based corporation Co., Ltd, a mortgagee, and DISA Co., Ltd. (hereinafter referred to as the CA-200).

On April 7, 2017, at around 15:00, the Defendant sold three press machinery, which is the object of the right to collateral security established by the victim company, to the needy party, and obstructed the exercise of the rights by the victim.

2. The Defendant is a person who actually operated the above company as a director in-house director C of a stock company in Asan City D.

On July 13, 2015, the Defendant, upon receiving a loan of KRW 50,40,000 from the victim's filial capital Co., Ltd., sold three presses (HCA-200, CA-1601) owned by C to the above victim, but upon entering into a lease contract for the said machinery, the Defendant agreed to continuously use the said machinery in return for paying rent of KRW 1,653,525 every month for 36 months.

While the Defendant kept the above machinery, around April 8, 2017, sold 8 other machinery owned by the Defendant at the above factory C Co., Ltd., and embezzled it by selling 50 million won or more at the victim’s market price as well as 3 machinery equivalent to 50 million won.

3. On March 6, 2014, the Defendant borrowed KRW 1 billion from the victim Es. Asan Factory Co., Ltd., Ltd. from the victim Es., Ltd., and made the victim and the maximum amount of the claim KRW 1 billion, C Co., Ltd. and the mortgagee of the right to collateral security as the victim.

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