logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.27 2015고단1617
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a director of the company B as a director of the company.

1. On May 7, 2014, the Defendant: (a) borrowed 59 million won from the said company office located in the wife population C; and (b) registered the establishment of a mortgage with the amount of 35,400,000 won to the obligor and mortgagee as B, the mortgagee as the victim company; and (c) registered the establishment of a mortgage with the value of the credit amount of 70,000,000 won for D-top trucks in Korea around June 9, 2014.

2. On July 14, 2014, the Defendant was granted a loan of KRW 83 million from the victim company, and on the same day, the Defendant registered the establishment of a mortgage with the amount of KRW 498 million for the obligor and the mortgagee as B Co., Ltd., the victim company, the mortgagee as the victim, and the value of the claim.

Nevertheless, on September 2014, the Defendant handed over the above two vehicles to F without changing the name of the said vehicle, as a security clause for KRW 100 million in the debt borrowed from F, which he borrowed from F.

In this respect, the defendant concealed two vehicles owned by B, which are the object of the victim company's rights, so that the whereabouts of the above two vehicles can not be confirmed, and obstructed the exercise of rights by the victim company

Summary of Evidence

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

1. Some description of each protocol concerning the examination of the suspect against the defendant in the police station;

1. Statement of the police statement related to G;

1. Application for a loan of funds to purchase each vehicle, each certificate of seal imprint, each corporation's certificate, a certified copy of each corporation's registry, and an inquiry about the details of receipt, a notice of loss of each deadline for delivery, a copy of a document verifying the contents of request for delivery of the vehicle, a written decision on commencement of auction for each automobile,

1. Article 323 of the Criminal Act concerning the crime;

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

1. Selection of Hungary’s alternative imprisonment penalty;

arrow