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(영문) 수원지방법원 2015.01.29 2014고단3738

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 11, 2013, the Defendant: (a) purchased 14 million won of D Cargo from Hyundai Motor Cagency located in Suwon-si, Suwon-si, Hyundai Motor Co., Ltd.; and (b) provided the above cargo vehicle as security to the victim Aju Capital Co., Ltd. (hereinafter “victim Co., Ltd”); and (c) concluded an installment contract in which payment of the installment was made for 431,630 won each month; and (d) concluded that the payment of 14 million won was made by the victim Co., Ltd. and paid 14 million won from the victim Co., Ltd.; and (e) acquired ownership of the said cargo vehicle.

The Defendant was notified by content-certified mail that he would exercise the right to collateral security on a motor vehicle on November 11, 2013 because he did not pay an installment from August 20, 2013 while paying an installment to the victim company.

On December 3, 2013, the Defendant transferred and concealed the above cargo vehicle, which became the object of the victim company's right, to the obligee's name and poorness as a collateral against the Defendant.

Accordingly, the defendant concealed the above truck, which is the object of the victim company's right, and obstructed the victim company's exercise of rights.

2. On June 18, 2012, the Defendant: (a) exercised a right to exercise another’s right against the Korea Social Services Korea Co., Ltd., Ltd., Ltd.; (b) purchased GMW car from an employee in the name of the said F to 60 million won; (c) provided the said car as security to the victim Non-MW car Korea Co., Ltd., Ltd. (hereinafter “victim Co., Ltd”); and (d) borrowed KRW 65,220,000 for the bond price, and borrowed KRW 60,000 for the bond price of KRW 1,769,833 for 36 months each month, and concluded an installment contract to pay for the 60,000 won from the victim’s company.