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(영문) 대구지방법원 2018.10.18 2018고단2184

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2017, the Defendant: (a) around May 24, 2017, entered into a mid-term installment contract with the content that the Defendant would purchase Cran Capital Co., Ltd., Ltd., located in 109, Daegu-gu, Daegu-ro, 109, and received loans from the employees of Cran Capital Co., Ltd. and KRW 21 million for repayment between 48 months; and (b) around May 26, 2017, the Defendant established a right to collateral security (right to collateral security) with respect to the said Cran Capital Co., Ltd., Ltd., Ltd., which was located in 109, Dongcheon-gu, Daegu-gu, Daegu-gu, 2017.

Nevertheless, as the Defendant borrowed approximately KRW 30 million from D and failed to repay it, the Defendant transferred it to D as a collateral on September 2017 and made it unclear the location of it.

Accordingly, the defendant, which was the object of the victim company's rights, concealed the franchise vehicle owned by the defendant, thereby hindering the victim's exercise of rights.

2. On November 18, 2015, the Defendant: (a) purchased a Do 120 Do-ro 120, a Do-ro, a Jeju-do-ro, on a Do-ro basis on around November 18, 2015; (b) took out a new installment contract with the employees of the victim B-W-ro Korea Co., Ltd., and took out a loan of KRW 57.6 million; and (c) made a repayment for 60 months; (d) around November 19, 2015, the Defendant set up a mortgage on the claim value for the said B-W-car with respect to the said Do-ro at the Do-ro market.

Nevertheless, as the Defendant borrowed approximately KRW 30 million from D and was unable to repay it, the Defendant transferred the said BMW car to D as security around October 2017 and caused its whereabouts to be unknown.

Accordingly, the defendant, which was the object of the victim company's rights, concealed the above BMW car owned by the defendant and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement with respect to the F and a written G statement;

1. Application of the Acts and subordinate statutes of each complaint and each ledger of motor vehicle registration.