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(영문) 서울서부지방법원 2016.11.29 2016고단1753

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2014, when the Defendant was aware of the method of repaying KRW 7,30,000,00 from a nominal bondholder, the Defendant was willing to pay the above KRW 7,30,000 by means of raising money, despite having no intention or ability to purchase and operate a used vehicle, by purchasing a borrowed vehicle from a loan broker B, which was introduced by the loan broker B, and purchasing a borrowed vehicle from the loan broker B, and by offering it as a collateral. The Defendant was willing to pay the above KRW 7,30,00,00 by means of raising money, regardless of the fact that no intention or ability to purchase and operate a used vehicle was available.

Accordingly, on February 6, 2014, at the office located on the second floor of the building of the automobile trading complex located in the building of the Incheon Metropolitan City or lower, the Defendant established a mortgage on the 70% of the loans from the victim Aju Capital Co., Ltd. to C, and granted a loan of KRW 15,000,000 for the purchase fund, and submitted the written agreement to the victim Aju Capital Co., Ltd. through the automobile dealer, etc. in the name of the above one party B introduced by the above one party B, and accordingly, around February 12, 2014, the Defendant established a mortgage on the said C, the mortgagee, the claim value of KRW 10,500,000 (70% of the loan).

Although the Defendant was well aware of the fact that the said car will be mortgaged as above, the Defendant did not directly receive the said car or determine its location and had the said car dealer keep, use, or dispose of the said car at his own discretion, the name of the said loan broker B and the above name defect dealer.

Accordingly, the Defendant concealed the CJC car with the mortgage of the victim AJ Capital Co., Ltd. and obstructed the exercise of the rights by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;