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(영문) 서울중앙지방법원 2018.02.07 2017고정3326

권리행사방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 13, 2012, the Defendant entered into a contract with E&C Co., Ltd., Ltd., 49,303 tons of used cargo vehicles of 2.4 tons at S&C Co., Ltd., Ltd., and redeems KRW 7,800,000 of the purchase amount of the vehicle with the cargo vehicle in equal repayment of principal and interest between 36 months, and set up a collateral security on the 17th of the same month with the aforementioned cargo vehicle as the mortgagee, and the victim C&C, Inc., and C&C asset management loan (hereinafter “victim”). On June 23, 2015, the Defendant acquired the cargo vehicle claim against the Defendant from the above A&D Capital on June 23, 2015.

However, the Defendant did not pay the full installment after January 9, 2014, and the facts charged contain the following: “On March 4, 2017, the Defendant served with a certificate of content that “to return the said cargo to exercise the right of defense against the mortgage” with the victim’s “On the other hand, the Defendant was served with a certificate of content that “to return the said cargo to the victim for the exercise of the right of defense against the mortgage,” but even ex officio deletion

On March 2017, the victim company's employees C confirmed the location of the vehicle several times and concealed the vehicle in a manner that does not inform the victim of the location of the vehicle without returning it to the victim even after the telephone was requested to return it.

Accordingly, the defendant concealed the above cargo vehicle which was the object of another person's right and obstructed the exercise of another person's right.

Summary of Evidence

1. The result of the Defendant’s examination on the Defendant (the part on the statement that the traffic accident against the instant vehicle occurred on October 10, 2017, and was parked in a place where the traffic accident occurred at ordinary times before that time)

1. The witness C’s legal statement (in response to the Defendant’s request for the return of the instant vehicle several times, whether the Defendant was the superior to the Defendant who disposed of the vehicle in mind;

“....”