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(영문) 울산지방법원 2020.10.29 2020고단562

권리행사방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[200 Highest 562]

1. Around July 27, 2018, the Defendant agreed to obtain a loan of KRW 30.6 million from the Victim B Co., Ltd. on a condition of 60-month reimbursement. On July 30, 2018, the Defendant set up a right to collateral security against the said vehicle with a maximum amount of debt KRW 15.3 million against the victim in order to provide ChoHG car purchased from the said loan as security for the said loan.

After January 2019, the Defendant borrowed KRW 6 million from the E-cafeteria operated by the Defendant in Ulsan-gu, Ulsan-gu, and from the name-free bond business operator of the F Office to the name-free bond business operator, the Defendant transferred the said vehicle as a collateral and the location of the said vehicle could not be known.

Accordingly, the defendant concealed the passenger car which is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

2. Around December 26, 2018, the Defendant agreed to obtain a loan of KRW 30 million from the Victim G G Co., Ltd. on a condition of 60-month reimbursement. On January 2, 2019, the Defendant set up a right to collateral security against the said vehicle with a maximum debt amount of KRW 15 million against the victim in order to provide the said loan as security for the said loan.

After January 2019, the Defendant borrowed KRW 6 million from the E-cafeteria operated by the Defendant in Ulsan-gu, Ulsan-gu, and from the name-free bond business operator of the F Office to the name-free bond business operator, the Defendant transferred the said vehicle as a collateral and the location of the said vehicle could not be known.

Accordingly, the defendant concealed the passenger car which is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

On December 18, 2017, the Defendant stated that “In the event a loan of three financial rights has been granted to the victim K at the J branch located in Ulsan-si, Ulsan-si, Seoul-si, the Defendant would repay the loan with the money and repay the money that he/she again received under his/her own name within one week.”