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(영문) 대구지방법원 포항지원 2013.03.28 2011고단1408 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C From around 2005, the actual operator of Company D (hereinafter referred to as “D”), Company E (hereinafter referred to as “E”), F is the same group of Company C, the management director of Company E as C’s relative type, H is the management director of Company C, the representative director of Company C as C’s children, and I is the representative director of Company D.

C In the course of operating D and E from around 2005 to 2008, when the financial situation of the company becomes difficult, C borrowed approximately KRW 1.9 billion from the separated joint Defendant J (hereinafter “J”) and prevented from repaying KRW 500 million among them, and upon the request of J, C made 45% of the shares of D as collateral for the above obligation and appointed J as a joint representative director with I.

J was unable to receive KRW 500 million and interest thereon (hereinafter collectively referred to as “the loan”) from C, and was able to collect its claims by disposing of all assets of D and E to other companies.

1. At around 16:30 on October 13, 2010, the court violated the Punishment of Violences, etc. Act (joint confinement) by Defendant, J, and separate Co-Defendant K (hereinafter “K”), demanded the victim H to prepare a written consent for the use of the E plant free of charge at the above E office, and the victim refused the request. The victim refused to use the E plant, and the victim’s “it is prohibited from leaving the office before receiving the written consent.” The Defendant and K were able to wear clothes of the victim, and the victim could not get out of the above office, and the Defendant and K detained the victim for about nine hours from that time to 01:30 on the following day.

Accordingly, the defendant was detained by the victim jointly with J and K.

2. The Defendant’s property damage, around 19:00 on October 18, 201, demanded the victim G to leave the room in the room E at the time of the racing on October 18, 2010. On the other hand, the Defendant is walking the table of the victim’s management.

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