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(영문) 부산지방법원 2015.12.02 2015고단4556
권리행사방해
Text

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

Reasons

Punishment of the crime

No special media records, such as one's own goods or electronic records, which have become the object of another person's possession or right, shall interfere with the exercise of another person's right by taking or concealing them

1. On September 13, 2012, the Defendant: (a) purchased D and B B-C used vehicle at the used vehicle center located in the B-C used vehicle center located in Yangju City on September 13, 2012; (b) concluded a loan agreement with the (c) used vehicle center to pay loans of KRW 67 million, and KRW 2520,790 per month for 36 months; (c) the victim’s (owner) Bank shall guarantee the payment of loans of KRW 67 million; and (d) the Defendant established a right to collateral security of KRW 46,90,000 for the maximum debt amount; and (e) received the said vehicle on the same day.

On March 6, 2013, the defendant paid only one installment and did not pay the remainder of the installment, and the victim paid all the above payment guarantee money, and requested the defendant to deliver it to recover the middle benz vehicle.

On September 13, 2012, the Defendant sold the above vehicle to a secondhand buyer on his name, and obstructed the exercise of the rights by concealing his goods which were the object of the right to collateral security of the victim.

2. On September 27, 2012, the Defendant purchased HWz S50 vehicles worth KRW 63 million in the market price at the office of the Gangnam-gu Seoul EFF Co., Ltd. (Representative G), and concluded a loan contract with the victim company to pay KRW 53 million, interest on loans, KRW 14.69%, and KRW 1,466,714 in each month between 48 months and 48 months, and received the said vehicle on the same day. On the same day, the Defendant set up a collateral for the said vehicle with the maximum debt amount of KRW 53 million.

The Defendant did not pay an installment from October 25, 2012 at all, and the victim applied for a voluntary auction to the Seoul Northern District Court on February 20, 2013 in order to secure his/her claim, and issued a ruling of commencement and seizure of the auction procedure on February 21, 2013.

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