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(영문) 전주지방법원 군산지원 2017.09.15 2017고단212
권리행사방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 24, 2015, the Defendant entered into a contract on the establishment of a collateral security right with the maximum amount of claims KRW 720 million on the Gunsan-si and H-Bam processing Lines, etc., run by the Defendant, with a loan of KRW 600 million to the injured Industrial Bank of Korea at the location of the Industrial Bank of Korea located in the Gunsan Industrial Bank of Korea located in 169, 169.

On September 12, 2016, the Defendant: (a) carried out and sold H-E-Processed L-Cine 1,170,000 won of the appraised value which is the object of a factory mortgage in the above factory; and (b) sold it to (ju) E without permission, thereby hindering the Defendant’s exercise of rights by concealing the factory machinery owned by the Defendant, which is the object of the right to collateral security of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Complaint;

1. Application of the statutes governing the establishment of a mortgage right, and the list of machinery and equipment;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] there is no person [the person who has been subject to special sentencing] [the decision of sentence] [the person who has been rendered June to one year] [the person who has been involved in the exercise of the right] [the decision of sentence] the appraised appraised value of the security sold by the defendant exceeds 1170 million won, and the person who has yet to pay the secured claim is not yet paid up to the extent unfavorable to the defendant, or the fact that the defendant disposes of the secured article to pay other creditors who are in an imminent situation while the factory is operating the factory, and that the defendant has deposited the amount equivalent to 300 million won received from the customer after the disposal of the secured article into the damaged bank. In light of the above, it is not deemed that the defendant has failed to pay in bad faith and caused the loss of the company's property from the company, but it is possible that the secured claim may be partially repaid due to auction

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