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(영문) 광주지방법원 2016.05.25 2015고단4746
권리행사방해등
Text

A fine of KRW 3,00,00 shall be imposed for the crimes No. 1 and No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

1. [2015 Highest 4746] The Defendant is a representative director who is a Co., Ltd. C (hereinafter “C”) and D (hereinafter “D”) manufacturing company of automobile parts located in Gwangju Mine-gu.

A. On November 20, 2014, the Defendant: (a) around March 4, 2013, at the Pyeongtaek-dong Financial Center of the Gwangju Mine-gu, 913-ro 58, the Defendant extended a loan of KRW 380 million from the injured party, by setting up a mortgage on the maximum claim amount of KRW 456 million to the injured party Gwangju Bank with respect to the CNC LAS 7 machinery, which is the machinery of manufacturing power transmission devices of automobiles owned by the said D; and (b) by setting up a mortgage on the maximum claim amount of KRW 456 million to the injured party Gwangju Bank.

On April 1, 2013, the Defendant continued to set up a collateral security of KRW 60 million with respect to the above machinery and equipment at the above location, and continuously borrowed KRW 50 million from the victim.

On November 20, 2014, the Defendant transferred the above machinery and equipment at a factory located in Gwangju Mine-gu, Gwangju, by receiving KRW 450,000,000,000 from CM located in the Southern Mine-gu, Gwangju, thereby making the location of the said machinery unknown.

Accordingly, the defendant has obstructed the exercise of rights by concealing the above machinery owned by the defendant, which was the object of the victim's mortgage.

B. From June 20, 2015 to October 2015, the Defendant committed the crime: (a) around June 18, 2015, at the Pyeongtaek-dong Financial Center of the Gwangju Bank located at 513 Dopdong-ro 913, Gwangju Mine-dong around Jun. 18, 2015, the Defendant loaned KRW 540 million from the injured party, 50 million, by setting up a right to collateral security at the injured party Gwangju Bank with the maximum claim amount of KRW 16,00,000,000,000,000,000 won, for the machinery for manufacturing automobile power transmission devices owned by the said C.

From Jun. 20, 2015 to Oct. 30, 2015, the Defendant transferred the above 16 machinery equipment to a mutual infinite mechanical company located in Ansan, Jinju, Gwangju, etc. with the payment of KRW 510 million from Jun. 20, 2015 to Oct. 30, 2015, thereby making the location of the said machinery unknown.

In this respect, the Defendant suffered damage.

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