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(영문) 창원지방법원 마산지원 2015.08.11 2015고단318
공장및광업재단저당법위반등
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

The Defendants were those who worked from September 28, 2009 to November 30, 2014 as the joint representative director of H from Changwon-si, Changwon-si, Changwon-si, Changwon-si, Seoul-si to November 30, 2014.

From February 16, 2010 to December 20, 2012, the Defendants entered into a loan contract for the amount of KRW 850,000,000 for promoting local small and medium enterprises at the branch of the Gyeongnam Bank Corporation located in Seongbuk-gu, Chungcheongnam-gu, Chungcheongnam-gu, Busan, for five times as shown in the attached crime list 1. Accordingly, around August 16, 2010, the Defendants transferred a loan contract for five times from around August 16, 2010 to around December 20, 2012, among machinery facilities located in the above H-owned factory, one Turling M/C, one Labring M/C, one set, one set of Borling/C, one set of Laout M/C, and one set of provisional disposition for the purpose of transferring the ownership or provisional disposition for the purpose other than ownership or the creation of the property of the M&C factory foundation, respectively.

Nevertheless, on July 12, 2011, the Defendants violated the aforementioned duties, and sold to the International Machinery Company for Teurling M/C 1, Labling M/C 30 million won from around that time, such as selling at least 42,50 million won in total the machinery, the collateral security right of which has been established over three occasions from around November 8, 201 to around November 2014.

As a result, the Defendants conspired to transfer movable property constituting a factory foundation.

The Defendants are co-representative directors of H, a corporation located in Masan-si G in Changwon-si, Changwon-si, Changwon-si, who run the business of manufacturing vessel machinery and materials using 40 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendants conspired with each other.

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