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(영문) 창원지방법원 2018.05.03 2018고단433
권리행사방해
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates C in the Hanam-gun B.

On March 27, 2012, the Defendant obtained a loan of KRW 1.09 billion from the branch office of the Industrial Bank of Korea located in Changwon-si under the name of the loan for small and medium enterprise facilities, and established a collateral security in accordance with the Factory and Mining Foundation Mortgage Act regarding the above C’s factory site and building, and the 13 machinery and equipment, including the Defendant’s ownership, such as OVERHAD CDR, and OVE.

Nevertheless, around October 2016, the Defendant sold 40,000,000 machinery of CNC LAHE (PMA 480) which was established as a collateral security at the above plant as above, and sold 3 parts of CNC LAHHE (ST25, ST21, ST200) which was established as collateral security at the above plant at the above plant at around April 10, 2017, at KRW 91,245,000 to D.

Accordingly, the defendant concealed goods equivalent to the total market value of KRW 131,245,00, which is the object of the victim's rights, and obstructed 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. Complaint;

1. Application of credit transaction agreements, the acceptance status of objects, the appraisal statement, each contract for the establishment of a lower priority, a certified copy of the register, the inquiry table of the head of the loan, and the Acts and subordinate statutes of the goods transaction contract;

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

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) include the following: (a) there is no particular criminal conviction; and (b) the confession and mistake are divided; and (c) some of the circumstances may be considered in light of the circumstances leading to the instant crime; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (c) the sentencing committee.

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