beta
(영문) 수원지방법원 평택지원 2018.10.25 2017고단1676

권리행사방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

Around September 1, 2014, the Defendant obtained a loan of KRW 20,000,000 from KB Capital Co., Ltd. at KRW 295 in Suwon-si, Suwon-si, Suwon-si, and offered as security a mortgage on the said vehicle under the name of CB Capital Co., Ltd. and created a mortgage on the said vehicle. On June 201, 2017, the Defendant delivered the said vehicle under the name of DB Capital Co., Ltd., Ltd. to the seller of the foregoing vehicle under the pretext of the name of BB Capital Co., Ltd., Ltd., who was mortgaged by the said KB Capital Co., Ltd., Ltd., which was transferred by the said KB Capital Co., Ltd., the location of the said vehicle.

Accordingly, the Defendant concealed the goods of the Defendant, which was the object of the above victim’s right, and obstructed the victim’s exercise of right.

"2018 Highest 1158" Defendant became aware of only the first time in the "E" direct transaction market with victims D and households.

On May 11, 2017, the Defendant issued a false statement to the victim that “A child shall leave the vehicle to the Gangwon Ireland and find it. A child may sell real estate inherited from his father who returned to his/her mother and have a total of KRW 600 million as a check, so he/she may receive full payment, and may borrow money.”

However, the defendant did not know the contact point of the child and did not have the above check, so there was no intention or ability to repay the money borrowed from the victim.

As such, the Defendant, by deceiving the victim, received KRW 60,00 from the victim on the same day from the same day to the Agricultural Cooperative (F) account under the name of the Defendant, and acquired KRW 36,030,000 in total from around that time to November 16, 2017 by deceiving the victim by the aforesaid method, and by receiving KRW 130,000 from the victim.

Summary of Evidence

"2017 Highest 1676"

1. Statement by the defendant in court;

1. G statements;

1. A copy of the application for a new letter/ loan.