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(영문) 서울남부지방법원 2021.01.13 2020고정1778

권리행사방해

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around August 7, 2013, the Defendant: (a) entered into a credit transaction agreement with the employee FF of the victim company to obtain a loan of KRW 47,300,000 in the purchase price of the Erocketing car at the Cheongju-gu, Seowon-gu, Nowon-gu, Chungcheongnam-gu, Cheongwon-si; (b) around August 7, 2013, the Defendant set the maximum claim amount of KRW 23,650,000 on the above car and set up a collateral security right under the name of the victim company to secure the loan.

On March 4, 2014, the Defendant transferred the said car to a lender who is unable to know his name at a location that is unknown.

As such, the Defendant concealed automobiles which were the objects of the victim company’s rights.

The Defendant, “2020 High 1779,” was engaged in the business of manufacturing (State) air conditioners.

I are people.

On September 2, 2013, the Defendant obtained a loan of KRW 13 million from H Co., Ltd., the complainant, and set up a right to collateral security at KRW 13 million on the IG-owned vehicle.

The Defendant agreed to repay the principal and interest of 489,100 won per month to the complainant company equally for the period of 36 months, but was urged to return the collateral-backed vehicle due to overdue payment for three minutes.

On April 11, 2014, the Defendant: (a) from around 09:00 to around 12:00, at the G Office located in the Dong-gu Daejeon-gu Daejeon-gu Daejeon-gu Daejeon-dong Office, the Defendant sought to recover the benz vehicle with the Defendant’s execution officer, based on the court’s decision on the delivery of the vehicle; (b) but (c) refused to return the vehicle and prevented the discovery thereof; and (d) obstructed the complainant’s exercise of rights by concealing the vehicle by transferring it to the outside M

Summary of Evidence

[200 Maz. 1778]

1. Each investigation report on the defendant's legal statement D's report on the police's credit transaction agreement documents regarding N of the police's statement protocol on N of the prosecutor's statement protocol on the defendant's legal statement, "20 High 1779 High Do 1779 High Do 20, the police's statement protocol on the defendant's legal statement, and each investigation report on the failure to deliver the motor vehicle (