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(영문) 부산지방법원 동부지원 2013.05.23 2013고정488
공장및광업재단저당법위반
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Defendant A is the representative director of Busan Sin-gun B, and Defendant B is a corporation established for manufacturing business, etc.

Defendant

A On September 16, 2009, the Defendant obtained a loan of 1.6 billion won for facility loan from a bank in Yong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, 246-1 as collateral for factories and three machinery: (a) on October 7, 2009, the Defendant completed the registration of the establishment of a factory foundation by providing more than 2,488,32,000 won at the market price of 58,932,000 (CY: 1250 meters; (b) producer; OYE1); (c) 25,205,00 won at the market price of the machinery: 80 meters; (c) 1,48,317,501 won as collateral; and (c) the Defendant completed the registration of the establishment of a factory foundation in accordance with Article 6 of the Act on Mortgage and Mining Foundation, with the object of a mortgage claim of 270,100,200,000 won.

B. As to the Defendant B’s business, the above A, its representative, committed an act in violation of the above laws and regulations.

2. The crime against the above charged facts is subject to prosecution (Article 60(1), (2), and Article 61 of the Factory and Mining Foundation Mortgage Act). Since the victim expressed his/her intent to cancel the complaint against the Defendants on January 30, 2013 after the prosecution of this case was instituted, the prosecution of this case against the Defendants is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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