beta
(영문) 의정부지방법원 2018.02.14 2016고단4172

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 4, 2016, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution at the Jung-gu District Court on the grounds of breach of trust, and the said judgment became final and conclusive on October 12, 2016.

[Criminal facts] The defendant was the representative of the Dispute Resolution E

On November 17, 2014, the injured company was set up a collateral security right with the amount of KRW 41 million per month from the damaged company, and the loan amount of KRW 790,740 per month from 60 months as the injured company was set up against the damaged company, as the injured company was to purchase one vehicle of KRW 61,000,000,000 from the 610,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Nevertheless, the Defendant paid 13 minutes to the victimized company by January 2016, and did not pay the remaining installments, and concealed the said vehicle, which became the object of the mortgage of the victimized company, from February 2, 2016 to the needy party, so that the Defendant could not know the location of the said vehicle, thereby interfering with the Defendant’s exercise of rights.

On January 5, 2015, the Defendant, as the representative of the Dispute Resolution Co., Ltd., the Defendant, around 2016, agreed to purchase one vehicle of KRW 35,90,000 from the Damage Co., Ltd. office in Gangnam-gu, Seoul, to obtain a loan of KRW 35,90,000 from the damaged company and to make a change in the said loan of KRW 692,370 each month between 60 months and 60 months. The Defendant, as the representative of the Dispute Resolution Co., Ltd., the Defendant established a collateral security right of KRW 25,480,00 for the damaged company as the person with the right of interest, the person with the debt of the Dispute Resolution Co., Ltd., and the bond value of the said vehicle.

Nevertheless, the Defendant paid only 11/11 installment payments to the victimized company until December 2015, and did not pay the remainder, and concealed the said vehicle that became the object of the mortgage of the victimized company at around January 2016, which became the object of the said mortgage, to the needy party, thereby hindering the Defendant from exercising its rights.

Summary of Evidence

"2016 Highest 4172"

1. The defendant's person;