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(영문) 인천지방법원 부천지원 2021.01.13 2019고단4590

권리행사방해등

Text

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

Reasons

Punishment of the crime

On January 18, 2019, the Defendant: (a) purchased a new XJ car under the name of the Defendant, a place where the location of around January 18, 2019 is unknown; (b) agreed to extend the maturity on April 10, 2019 with a loan of KRW 29 million from the Victim D Co., Ltd. for a loan of KRW 29 million; and (c) agreed to extend the maturity on April 10, 2019 with payment of KRW 1,000,000 for the above loan on the same day.

Nevertheless, on May 2019, the location of the automobile was unknown by borrowing KRW 2 million from the person in an influence of his name at a place where it is unknown.

Accordingly, the defendant, which is the object of the victim's right, concealed the car, which is his own property, thereby hindering the victim's exercise of right.

"2019 Highest 4629"

2. The Defendant is a person who operates a secondhand trading company B, a stock company.

On April 2019, the Defendant made a false statement to the effect that “If a passenger moves out of a passenger car, the passenger will sell the passenger car at KRW 30 million in return for the request from the injured party to sell the passenger car owned by the injured party,” before the victim F (T, South, and 45 years old) house in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant would sell the passenger car at KRW 30 million.”

However, even if the defendant received and sold the above car from the beginning, he thought that he would use the sale price as the wages and rents of employees of the above company, and there was no think that he would deliver it to the victim.

The defendant deceivings the victim as above and acquired the above car in the amount of KRW 30 million at the market price on the same day from the victim.

“200 Highest 2901”

3. The Defendant in occupational breach of trust is a person who operates a private company B for the sale of used cars in Yangcheon-gu Seoul Metropolitan Government H and I, and the victim J is a used car with the above company B.