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(영문) 대전지방법원 천안지원 2017.05.18 2016고단2615
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant, as the representative director of C, agreed to set up a collateral for the machinery by obtaining a loan of 350,000,000 won from the victim Industrial Bank of Korea located in Jung-gu, Seoul around 50 times, and around December 6, 2013, the Defendant created a mortgage in order to secure the above obligation on the 3-dimensional machinery, such as DIE CAS ININE BD-3505EE-S1, DIE CAS CAS CASINE CASINE 301, PRECS 3DIE PEN 3DIE 1, etc.

On April 17, 2015, the Defendant sold, to E, the aforementioned DIE CATS CASING MINE BD-350VE-S, and around April 24, 2015, to E, and around September 29, 2015, the Defendant sold to E, respectively, the aforementioned DIE CAS CAS 3DIE MCE MCEINGG MINE MCEEREEEN.

After all, the defendant concealed the property owned by C(the defendant's representative) that is the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A certified copy of a corporate registry (stock title C), a bond account statement, a credit transaction agreement dated September 27, 2013, a mortgage change agreement on December 6, 2013, and an appraisal statement;

1. Application of the investigative report (Submission of Suspect Data), each sales details to statutes;

1. Article 323 of the Criminal Act, the choice of punishment for the relevant criminal facts and the choice of punishment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] [the grounds for obstructing the exercise of rights] Article 1 of the Framework Act on the Aggravated Punishment of Concurrent Crimes [6 months-1 years] [the special sentencing factors] / Where the defendant intentionally committed a serious injury to the victim (aggravated factors) (aggravated factors)] / Where the defendant committed a serious injury (aggravated factors) / When the defendant received a loan as stated in the criminal facts, the appraised value of each machine recorded in the criminal facts was totaled KRW 419,00,000 ( KRW 148,000,0000, KRW 86,000,000).

In addition, while disposing of machinery as stated in facts constituting a crime, the Defendant obtained at least a total of KRW 149,50,000 (including KRW 33,000,000, and value added tax).

However, there is a problem.

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