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(영문) 전주지방법원 2020.05.27 2019고단1466

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 17, 2018, the Defendant: (a) borrowed KRW 123,00,000 from the victim (the State) at the Kim Jong-si, the center of Kim Jong-si, Kim Jong-si; and (b) agreed to repay the loans for a period of 60 months; and (c) on the same day, the Defendant set up a collateral security right with regard to the said victim as a mortgagee, the Defendant as a mortgagee, and the amount of claims worth KRW 123,00,000.

Nevertheless, on August 15, 2018, the defendant paid only one installment, delayed the payment of the remainder, and transferred the above soft machine to a person who has no name, and concealed the location of the locker, thereby hindering the victim's exercise of rights.

"2019 Highest 1557"

1. On August 16, 2016, the Defendant purchased 1 ton of 2008-type DX350LC 34.1 ton of 2008 (E) from Jeonju-gun-gun-gun-gun-gun, and took out a loan from the victim FF Co., Ltd. on the condition that the principal and interest are repaid equally for 48 months as a loan for the purchase of motor vehicles, and on August 23, 2016, the Defendant created a collateral security right of KRW 90 million with a claim value of KRW 30 million with the victim as a collateral for the above loan obligations.

After that, even though the Defendant failed to repay loans more than 20 times, on December 2017, the Defendant sold the above sofaging machine after receiving approximately KRW 25 million from a person who has no name, thereby making it difficult for the Defendant to find out the location of the above sofaging machine.

2. On July 24, 2017, the Defendant purchased from Donju-gun, Jeonju-gun to 2012 RBEX140W 13.7 tons (G) and took out a loan from the said victim FF Co., Ltd. on the condition that he/she repaid the principal and interest equally for 48 months as a loan for the purchase of motor vehicles. On July 26, 2017, the Defendant set up a collateral security right of KRW 63 million with the value of the claim against the victim as a collateral as a collateral for the above loan obligations. < Amended by Act No. 1487, Jul. 26, 2017>

After that, the defendant shall repay the loan more than ten times.