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(영문) 부산지방법원 동부지원 2020.06.04 2018고단2047

권리행사방해등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

around April 27, 2016, the Defendant: (a) received a loan of KRW 320,414 per month from the victim D Co., Ltd. on the condition that the Defendant would pay KRW 602,414 per month for 60 months of the installment period from the Integian office operated by the Defendant located in Busan Shipping Daegu building C; and (b) provided the Defendant’s EM-type car as security and provided the said car with a mortgage of KRW 32 million in the name of the victim on the said car.

On February 2, 2018, the Defendant provided a loan of KRW 6 million from a person who was unaware of his name to a third party, and thereby interfered with the exercise of rights by concealing the passenger car owned by the Defendant, which was the object of collateral security by the victim.

"2018 Highest 2102"

1. On July 14, 2017, around July 14, 2017, the Defendant made a false statement to the effect that “If the Defendant was engaged in the business as if the Defendant completed the business with the victim I at the H Bank Greendong branch located in Gangseo-gu Busan Metropolitan City, the Defendant would be able to pay the interest and pay the principal after three months.”

However, at the time of fact, at the time of the Defendant’s promise, the Defendant was equivalent to KRW 150,000,00 for the Defendant’s obligation without any property, and the Defendant’s business entity operated was not very good in terms of the financial situation, such as only the enemy amounting to KRW 10,000 per year. Even if the Defendant borrowed money from the victim, it was merely thought that the Defendant used it as gambling money or was so called the so-called “irreshion” to repay the existing obligation, and thus, there was no intention

Nevertheless, the Defendant, by deceiving the victim as above, received 60 million won from the victim to the J bank account (K) in the name of the Defendant on the same day.

2. On September 8, 2017: