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(영문) 대전지방법원 2020.08.20 2020고단1895

권리행사방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around June 19, 2019, the Defendant: (a) purchased one vehicle from DK7 at C, a seller of a vehicle, and entered into a installment financing contract with the victim E, Inc. to obtain a loan of KRW 15,000,000, to repay the vehicle at a rate of 17.5% per annum; and (b) agreed to return the said vehicle to the victim if the Defendant fails to fully perform his/her monetary obligation under the installment financing agreement, and set up a mortgage on the said vehicle at KRW 7,50,000,000, and the mortgagee as the victim on June 21, 2019.

Nevertheless, on October 2019, the Defendant, without the consent of the victim, transferred the above vehicle to the lender of the vehicle with the nameless loan of KRW 2,00,000,000, at an infinite location (hereinafter referred to as the “infinite city”).

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

around March 20, 2018, the Defendant: (a) around March 20, 2018, at F, entered into a contract with the victim G G Co., Ltd. for a lease of KRW 1,065,000 for 48 months until April 2, 2022; (b) around May 19, 2019, the Defendant notified the damaged company that it would return the said vehicle by September 25, 2019 when cancelling the contract after the termination of the contract; (c) even though the Defendant was aware of the suspension of the operation of the said vehicle around November 2019, the Defendant rejected the return of the said vehicle without justifiable grounds and embezzled the said vehicle equivalent to KRW 43,530,909 at the market price.

Summary of Evidence

[200 Highest 1895]

1. The motor vehicle register "20 Highest 2159", the motor vehicle register of the defendant's statutory statement, accusation, application for used motor vehicle loan, agreement on used motor vehicle loan, used vehicle loan, etc.; and

1. Application of Acts and subordinate statutes to the defendant's partial legal statement, accusation, automobile lease contract, confirmation of personal signature, termination of a vehicle and notification of counter-payment of a vehicle;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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