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(영문) 수원지방법원 2014.11.26 2013고단3723
공장및광업재단저당법위반등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant has been engaged in the business of manufacturing motor vehicle parts with the trade name of “C” in Mosung City B.

The Defendant borrowed 4.1 billion won, including 2.4 billion won, around April 28, 2009, around 5.5 billion won, around June 19, 2012, and KRW 1.2 billion around July 31, 2012, from the victim Industrial Bank of Korea, as collateral for the above loan obligations, the Defendant created a mortgage on the amount of 18 machinery equivalent to 646,649,000 won as shown in the list of crimes in the attached list of crimes.

After that, the Defendant, from January 2013 to March 6, 2013, removed and transferred to a third party each machinery listed in the separate list Nos. 1 to 6, 9, and 11, and transferred 18 machinery from around 2009 to around 2009 as indicated in the separate list of crimes.

In this way, the defendant transferred the movable property constituting a factory foundation, which is the object of each mortgage, and at the same time concealed the above machinery which is the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made by the prosecution against D and E;

1. Each police statement made to F and D;

1. E statements;

1. A complaint;

1. Each credit transaction agreement;

1. Documents to establish a mortgage, documents, and specifications of evaluation of machines, instruments and structures, and additional contracts;

1. A certified copy of each real estate register;

1. An appraisal report;

1. Application of each statute on photographs;

1. Transfer of movable property constituting a factory foundation under the corresponding legal provision on criminal facts: Each factory and mining foundation mortgage Act Article 60 (1) of the Act on Mortgage on Mining Foundation: Article 323 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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