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(영문) 대구지방법원 포항지원 2013.08.13 2013고단440
권리행사방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. that manufactures automobile parts.

On March 15, 2011, the Defendant concluded a mortgage agreement on D factory site and ground factory site owned by the Defendant and the debtor as the Defendant and the mortgagee of the right to collateral security as C Co., Ltd., and submitted a list of 21 points in the above factory, thereby making the said machinery and equipment effective for the victim’s mortgage.

Defendant,

(a) around April 7, 201, at the above plant, sell at KRW 77,000,000 the four of CNC Lathe (horizontal line) in E;

B. Around December 28, 2011, around F200, one unit of CNC Maching Agent (passing machine learning smuggling) in the above factory was sold to F for KRW 47,300,000;

C. On January 6, 2012, the aforementioned plant sold at KRW 137,500,000 to G, and used the sales proceeds as remuneration for the Defendant and his employees and for the payment of goods.

Ultimately, the Defendant concealed 7 machinery owned by C Co., Ltd., which was the object of collateral security of the victim company, and obstructed the exercise of rights by others.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Investigation report (to be accompanied by information on completion of registration and a notice on completion of registration), investigation report (to be accompanied by a list of selling facilities);

1. Application of the current status table of credit and collateral, certified copy of register, appraisal report, the current status of sales of facilities, and statutes concerning the use of proceeds from sale;

1. Relevant Articles of the Criminal Act and Article 323 of the Criminal Act concerning the crimes;

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

1. Suspension of execution appears to have caused the instant crime for the payment of overdue wages and the payment of taxes due to difficulties in the operation of the company under Article 62(1) of the Criminal Act, and most of the proceeds from the sale of machinery appears to have been used for the above purpose, and the unpaid balance of loans.

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