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(영문) 청주지방법원 충주지원 2018.12.14 2018고단590

권리행사방해

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2015, the Defendant purchased BM7 passenger cars at the point of Chungcheong C&M-based training at the point of Chungcheong C&M-based. On October 26, 2015, the Defendant entered into a financial contract with Korea Co., Ltd. with the victim A&M-based social services Korea Co., Ltd. with loans amounting to 27,350,000 won, interest rate of installment 6.5% per annum, and the repayment period of 60 months.

Accordingly, in order to secure repayment of loans on November 4, 2015, the said victim company set up a collateral security right at a bond price of KRW 13,700,000 on the said passenger car.

Then, on November 5, 2015, the Defendant was loaned KRW 34.9% per annum with the victim Cod, Ltd. and KRW 5 million per three years on condition that the repayment period is three years.

Accordingly, in order to secure repayment of loans on November 6, 2015, the said victim company set up a collateral security right at a bond price of KRW 7,500,000 for the said passenger car.

As above, the Defendant offered the said SM7 car as collateral for victims, but around May 2016, transferred the said car by borrowing KRW 5 million from the employees of the nominal bond company in a non-nameless place (hereinafter referred to as “SM7 car”).

Accordingly, the defendant concealed the goods owned by the defendant, which was the object of the victims' rights, and interfered with the victims' exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. - An agreement on loan transaction - A - A contract for creation of automobile collateral security, - Tax details on customer president and on loan, - A copy or abstract of the original register of automobile registration (A), - A transaction details by account.

1. Statement made by the police against C;

1. - A copy of the installment financial agreement, - deposit status in preparation for redemption, - the Motor Vehicle Registration Register, - Application of the laws and regulations of writing.

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria (the sentencing criteria are commercial concurrent crimes).