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(영문) 서울동부지방법원 2013.04.03 2012고단3290

권리행사방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who has operated the (State)C in Songpa-gu Seoul Metropolitan Government.

Around October 9, 2009, the Defendant purchased 1 passenger cars under the name of the Defendant’s management in Korea (hereinafter “victim Company”) from the victim company at the Hansung-dong 451, Hansung-dong 451. On or around February 19, 2009, the Defendant borrowed 50,200,000 won out of the purchase price from the victim company at 36 months of the purchase price, and received 50,020,000 won from the victim company at 36 months of the purchase price, and created a mortgage on the said passenger car at the Hansung-dong (hereinafter “victim Company”). On or around February 19, 2010, the Defendant purchased 1 passenger cars under the said (C EEEE300,000 won under the name of the Defendant’s management, and borrowed 52,200,000 won from the victim company in the same manner as the Defendant’s company in the same manner.

3.3round October 7, 2010, a mortgage was created on the said car with the amount of mortgage claim 50,200,000 won, and around October 7, 2010, a mortgage was created on the said car with the Fenzz350,000 won loan from the victim company in the same manner as the victim company by purchasing the car under the Fenzz350,000 in the name of the above state of operation of the defendant. On the 11st day of the same month, a mortgage was created on the said car with the amount of mortgage claim 19,165,500 won.

Nevertheless, on July 201, the Defendant transferred three above vehicles to G with the mind of the victim without the consent of the victim company at a non-permanent place on July 201, and delivered the above vehicles to G other than the instant case.

Accordingly, the defendant concealed three passenger cars owned by the defendant, which are the object of the victim's mortgage, and obstructed the victim's exercise of mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of each motor vehicle register, protocol of impossibility of delivery of motor vehicles, and each application for installment financing/agreement statute;

1. Article 323 of the Criminal Act concerning the facts constituting the crime;

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