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(영문) 창원지방법원 2018.11.01 2018고정410
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 25, 2016, the Defendant borrowed KRW 1.55 million from the Daegu Bank of Daegu Co., Ltd., Ltd., the Defendant established a factory collateral security right with the maximum amount of KRW 1.86 billion for the Defendant’s land and factory and machinery installed therein, which is the Defendant’s ownership, according to the Factory and Mining Foundation Mortgage Act.

On September 2016, the Defendant: (a) transferred to D one of the machinery, the factory collateral security right of which was established in the above factory, to D at will, in an amount equivalent to KRW 8,848,000, the appraisal value of which was KRW 3,000,000; and (b) thus, the Defendant could not know the location of the machinery.

In this respect, the Defendant concealed the object which was the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a copy of a credit transaction agreement and a copy of a mortgage agreement;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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