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(영문) 대구지방법원 김천지원 2018.04.11 2017고단1761
권리행사방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a representative who operates a corporation C with a factory in the old city B.

On June 27, 2013, the Defendant extended a loan of KRW 300 million from the injured party 4,00,000,000 to the injured party - 41 U.S. - e., U.S., Sin-si, U.S.A. on 27, 2013.

In such cases, since the above machinery and apparatus are objects of the right to collateral security, it should not interfere with the exercise of rights by concealing it.

However, on July 2017, the Defendant: (a) sold and transferred possession of the machines and instruments, such as the Sup bargaining center of KRW 46,368,00, the emotional value of which is equivalent to KRW 15,444,00,00 in total, and the emotional value of which is equivalent to KRW 15,444,00; and (b) concealed the things that were the object of the right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the details of entry and exit transactions, and the statement of interest on loans;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order prevents the victim from exercising his right to a security equivalent to KRW 60 million based on the appraisal, and it does not appear that the defendant paid part of the instant obligation with the disposal price, in addition to the Defendant’s partial repayment of the instant obligation with the disposal price, there is no circumstance that the Defendant paid additional damages.

However, there are extenuating circumstances in relation to the motive of the crime, such as the repayment of the debt, the payment of wages and retirement allowances, etc., and according to the data submitted by the defendant, the factory owned by C as of the victim in relation to the secured claim in this case.

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