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(영문) 대전지방법원 2018.06.11 2018고단248

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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 29, 2016, the Defendant: (a) purchased B low-priced vehicles at the location of Daejeon 1644 Hyundai Motor Vehicles Daejeon on August 29, 2016; (b) borrowed KRW 36,50,000 on the condition that the victim’s 697,1952 won per month from Non-us Capital Co., Ltd. and set up a collateral security right with the maximum claim amount of KRW 21,90,000 for the victim company.

By June 28, 2017, the Defendant received notification of the return of the vehicle from the victim company around August 28, 2017, even though he/she paid the loan 11 times, but failed to pay the loan thereafter.

Nevertheless, on August 2017, the defendant moved the above vehicle to the Bupyeong-gun in Gangwon-do and concealed it in a way that does not inform the location of the vehicle to the victim company, thereby hindering the victim company's exercise of rights.

2. On October 31, 2016, the Defendant took out a loan of KRW 28,00,000 in order to repay the principal and interest of the said vehicle in equal amount, and set up a collateral security right at KRW 14,00,000 for the said vehicle with a maximum amount of KRW 14,00,000,00 for the said vehicle.

From July 2017 to July 2017, the Defendant was notified of the return of the vehicle due to the failure to pay seven installments.

Nevertheless, the defendant lent the above vehicle to E around May 2017, and did not inform the victim company of the location of the vehicle at the end of August 2017, and concealed the vehicle in a way to avoid contact and interfere with the exercise of the right of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each complaint;

1. An application for a motor vehicle financial product, a summary statement, a motor vehicle acceptance certificate, a copy of the terms and conditions of the debate, a deposit statement, and a redemption amount.