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(영문) 의정부지방법원 고양지원 2015.03.06 2014고단3047
공장및광업재단저당법위반
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is the representative director of “D” located in “D” at the time of strike.

The owner of a factory or a mining right holder shall not transfer, or deliver to a third party, movables constituting a factory foundation or mining foundation which has become the object of a mortgage.

Around January 7, 2013, the Defendant acquired the ownership of F&M land and buildings from the Defendant’s type E, and around December 12, 201, the Defendant extended KRW 960,000,000 from the fire prevention branch of the Bank located in the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone, to the Bank, established the maximum debt amount of KRW 960,000,000 to the Bank for the said land and buildings, and around December 18, 2012, the Defendant acquired the aforementioned debt at the said fire-fighting bank around June 12, 2013.

Nevertheless, around December 17, 2013, the Defendant, at the place of business of the above “D”, sold 2 Doctrine mechanical devices, on which the right to collateral security was created, to 47,300,000 won, and transferred 47,30,000 won, and around February 13, 2014, at the place of business of the said “D,” the Defendant sold 21,00,000 won to L’s representative director, which is located at the jurisdiction of the Republic of Korea, with three Doctrinebbbbs, which set up the right to collateral security at the place of business of the said “D.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of M;

1. Documents establishing the right to collateral security or a modified contract;

1. A list of machinery and tools, pursuant to Article 6 of the Act on Mortgage on Factories and Mining Foundations;

1. Written agreement of debt acquisition;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 60 (1) of the relevant Act on Mortgage of Factories and Mining Foundations concerning facts constituting an offense;

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

1. Article 62(1)1 of the Criminal Act:

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