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(영문) 대전지방법원 천안지원 2020.02.13 2019고단1785 (1)

권리행사방해

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On September 3, 2010, Defendant A was sentenced to one year of imprisonment for a crime of fraud, etc. at the Seoul Central District Court on March 26, 2011, and the execution of the said sentence was terminated.

【Criminal Facts】

On August 26, 2014, the Defendant and E purchased D vehicles in the name of E from the business office located in Seo-gu Daejeon District of Daejeon on August 26, 2014, the Defendant and E set up a collateral security of KRW 48,400,000 on the part of the victim F Co., Ltd. for installment payments of KRW 48,40,000 and the claim value of KRW 48,40,000 on the said vehicle as the mortgagee.

The Defendant and E paid an installment up to six occasions after the delivery of the said vehicle, and did not pay the later installment, and concealed the location of the said vehicle as it was delivered in order to provide the said vehicle as security by borrowing 18,000,000 won from the name-free bond business operator in the vicinity of the Busan Metropolitan City in February 2015.

Accordingly, the defendant conspired with E to conceal the above-owned vehicle which is the object of the mortgage of the victim, thereby hindering the victim's exercise of rights.

On June 25, 2012, the Defendant stated that “Around June 25, 2012, the Defendant would lend money to the victim H to the construction site located in Gyeyang-si, YY, G, G, and that “Around June 25, 2012, the Defendant would lend money from the construction site that is short of the construction cost.”

However, in fact, the Defendant did not have any particular property or fixed income at the time, and did not have any debt such as bank loans in a bad credit standing amounting to KRW 100 million, and was thought to be used for personal purposes, such as repayment of debt by receiving money from the victim as the payment for the construction work, and thus, there was no intention or ability to pay

As above, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the I Bank account (J) in the name of the Defendant, and thereafter, was totaled as shown in the separate list of crimes until November 23, 2012.