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(영문) 창원지방법원 마산지원 2013.05.15 2013고단248
권리행사방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On April 10, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months in violation of the Labor Standards Act at the Changwon District Court Msan Branch, and the said judgment became final and conclusive on the 18th of the same month.

1. Around October 28, 2011, the Defendant embezzled, at the C office in the operation of the Defendant in the Haan-gun, Chungcheongnam-gun, Haan-gun, the Defendant agreed to be paid 6 million won of the E (e.g., installment loans from the victim D) in lieu of the victim’s KRW 6 million. In the event of full payment of the above loans, the Defendant arbitrarily provided the Defendant’s creditor to F as a collateral for the borrowed money and embezzled it on October 30, 2012.

2. On April 25, 2012, the Defendant took out a loan of 400 million won at the location of the chamber of commerce and industry located in the territory of the Haan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do., the Defendant: (a) provided a factory site of 2,191 square meters, 486 square meters, 486 square meters, 110 square meters, 110 square meters, 10 square meters, 10 square meters, and 10 machinery, equipment, etc. of a factory located in the Haan-gun-gun, Chungcheongnam-do; (b) on November 201, 201, the Defendant provided the said collateral as collateral; and (c) provided a mortgage establishment with a maximum debt amount of 480 million won, which is a collateral; (d) subsequently, around the end of the said collateral, the Defendant concealed the said collateral to the obligees under the pretext of the Defendant’s exercise of the right to claim reimbursement of 100 million won and 107 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, D, and F;

1. Application of Acts and subordinate statutes to investigation reports (written judgments and inquiry into consolidated cases);

1. Articles 355 (1) and 323 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent 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;

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