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(영문) 부산지방법원 서부지원 2019.05.01 2018고단2286
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”) located at the time of racing.

On November 30, 2015, the Defendant borrowed 500 million won, etc. for mechanical purchase at the south-gu Bank of Korea (hereinafter referred to as the “victim Bank”) located in Spoco at port (hereinafter referred to as “Spoco”) on November 30, 2015, and purchased 550 tons, etc. of Spo-type season 550 tons (in model name D, E manufacturer, appraised value of 189.3 million won), and provided C’s site, building, and internal-free machinery, appliances, etc. as joint collateral to the victim bank, and provided C with the maximum debt amount of 1.38 billion won, the debtor, C, and the mortgagee bank as the victim’s bank. On December 21, 2016, the Defendant completed the registration of the establishment of a neighboring mortgage with a loan of 600 million won on a mechanical basis, and provided C, 200,000 won and the maximum debt amount to C, the debtor, and the bank as joint collateral.

On May 17, 2018, the Defendant sold 550 tons of a shooting machine owned by C, which was offered as security to the victim bank, within C factory, in total 82.5 million won, to the seller and seller on industrial machines.

Accordingly, the Defendant concealed each of the above machinery which was the object of the rights of the victim bank, thereby hindering the exercise of mortgage right by the victim bank.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the complaint, each credit transaction agreement, each loan application form, each full certificate of registered matters, and the specifications of appraisal of machines, instruments and structures, and the specifications of appraisal and assessment;

1. It is recognized that the relevant law on criminal facts, Article 323 of the Criminal Act on the choice of punishment, and the defendant's mistake is recognized and is against the law.

However, the crime of this case is committed by the victim bank.

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