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Reasons
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(영문) 부산지방법원 서부지원 2018.01.09 2017고단1535
권리행사방해
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. for the purpose of manufacturing machinery and equipment with the head office in Gangseo-gu Busan Metropolitan Government.

On July 14, 2011, the Defendant: (a) obtained loans of KRW 760,00,000 from the Industrial Bank of Korea located in the name of the Defendant at the location of the Korea Industrial Bank of Korea (Industrial Bank of Korea), located in Gangseo-gu, Busan, to repay all loans to the victim bank on or before July 14, 2014 (the maturity is extended on or after June 24, 2017); (b) concluded a credit transaction agreement with the condition that the loans shall be repaid on or before July 14, 2014 under the name of the Defendant at the location of the Korea Industrial Bank of Korea located in Busan, Industrial Bank of Korea (the model name: AEM950, Valaly management, the maximum amount of loans of KRW 70,00,00,000, total appraised value of factories and factories of KRW 67,390,000,000, total appraisal value of factories and factories of KRW 100,000,00

On April 2017, the Defendant sold the above Machininger Co., Ltd. Co., Ltd.’s plant 1 and the above Radiring M/C machinery’s name to a person whose total amount of KRW 40 million is not known.

Accordingly, the defendant, who was the object of the right to collateral security of the victim bank, concealed the above 2 machinery type owned by the defendant and obstructed the exercise of the right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not interfere with the exercise of the right, the basic area (from June to one year) (the person who is subject to special sentencing];

2. Until the decision of sentence has been made, the security has been recovered or has been repaid.

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