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(영문) 대구지방법원 김천지원 2020.04.23 2020고정31

권리행사방해등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around June 8, 2016, the Defendant borrowed KRW 9,90,000 on the condition that the principal and interest shall be repaid in equal installments for 36 months from the victim C Co., Ltd. in order to purchase B EX vehicles. On June 10, 2016, the Defendant set up a collateral security on the said car with the mortgagee as the victim, and the claim value at KRW 49,50,000,000,000,000,000 won. However, the Defendant did not comply with the contact with the victim by paying only installment from January 8, 2017.

On April 2017, the Defendant interfered with the exercise of rights by the victim by way of making it impossible to exercise the mortgage by transferring a vehicle to an influor who is named D in an influoral area (hereinafter referred to as the "influoral area") at the time of the border-si (Seoul).

"20, 84"

1. The Defendant is a person who is engaged in driving service without registration.

At around 21:50 on December 1, 2017, the Defendant driven the above-registered off-registered off-to-be 20, the straight distance 20, and the two-lanes on the side of the mobile distance 30,000 from the center of Jeju City to the center of the G hotel, following the F vehicle driven by the victim E (E, 52 years of age).

At the time, the Defendant continued to drive the damaged vehicle following the vehicle. In such a case, the Defendant had a duty of care to safely operate the vehicle by maintaining a sufficient distance to avoid driving or stopping the vehicle ahead.

Nevertheless, the defendant did not confirm that the damaged vehicle is likely to cross the front due to the negligence of operating the damaged vehicle in the vicinity, and caused the back part of the damaged vehicle to be concealed.

Ultimately, the Defendant damaged the property equivalent to KRW 573,065 of the cost of repairing the damaged vehicle due to the above occupational negligence.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a person who is engaged in driving on a non-registered vehicle.