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(영문) 광주지방법원 목포지원 2015.05.14 2014고단1493

권리행사방해

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

On April 2013, the Defendants decided to borrow a passenger car under Defendant A’s name and purchase a passenger car. Defendant A transferred to Defendant B a certificate of personal seal impression, a seal imprint, a welfare card for disabled persons, a certified copy of resident registration, etc. necessary for the purchase of a passenger car and a loan of a purchase price.

Defendant

B은 2013. 4. 23.경 전주시 덕진구 팔복로 356에 있는 우리네트웍스 주식회사 사무실에서, 위 회사와 제휴관계에 있는 피해자 주식회사 에이치케이저축은행 담당직원을 통하여 피해자 회사로부터 D K7 승용차 구입 대금 1,500만 원을 피고인 A 명의로 대출받으면서 36개월간 매월 25일에 62만 7,770원씩 할부로 변제하는 것을 내용으로 하는 대출약정을 체결하고, 피고인 A 명의로 소유권 이전등록을 한 후 위 승용차에 대하여 위 대출금액을 채권가액으로 하는 피해자 회사 명의의 저당권을 설정하였다.

On November 2013, 2013, the Defendants decided to borrow money as security for the said car, and Defendant A transferred the certificate of personal seal impression, etc. to Defendant B, Defendant B borrowed KRW 6 million from F at the G lending business office operated by F at the time of F on November 12, 2013, and delivered the said car along with the Defendant’s certificate of personal seal impression A, the certificate of borrowing, the certificate of loan, the certificate of assignment of the obligation, the letter of acceptance of the assignment of the obligation, and the letter of waiver, thereby preventing the victim from exercising the mortgage on the said car.

Accordingly, the Defendants conspired to conceal the said car which was the object of the mortgage of the victim company and interfered with the exercise of mortgage by the victim company.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Investigation report (Attachment of a written decision on the auction of motor vehicles), - The decision on the cancellation of the decision on commencing auction;

1. A credit transaction agreement;