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(영문) 대구지방법원포항지원 2020.09.08 2020고단221
권리행사방해등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2017, the Defendant: (a) purchased BMW car from the French land, and (b) borrowed KRW 50 million from the victim C Co., Ltd. on the condition that 1,176,414 won (the first time 870,193 won) shall be repaid each month by equal installments of principal and interest during 60 months; (c) on the 31st day of the same month, the Defendant set up a mortgage on the said car with the victim as the creditor of the claim amount of KRW 25 million.

The Defendant paid KRW 9,161,851 as a loan repayment by April 10, 2018, but did not thereafter pay KRW 90,161,851. On December 12, 2018, the Defendant borrowed KRW 10,000 from E located in south-gu D at the time of port, and the Defendant offered a mortgage as security and transferred possession of the said vehicle, thereby making it difficult for the victim to find the location of the said vehicle.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

around January 29, 2018, the Defendant made a false statement to the effect that “The Defendant shall pay the card value to the victim at the store operated by the victim G in Yong-gu, Nam-gu, Seoul, and that the amount is necessary. That is, five million won will be repaid after one month, if it is lent. It will be paid after one month. It will be in charge of BMW car owned by the Defendant as a security for the borrowed money.”

However, the Defendant did not have any particular property or profits at the time, and was in excess of the obligation to H, approximately KRW 18 million, KRW 9.5 million, KRW 1,200,000 per month, KRW 1.2 million per month, and KRW 1.2 million per month, and even if having borrowed money from the victim, there was no intent or ability to repay the money later than one month. On August 17, 2017, the Defendant purchased a loan from C Co., Ltd. on the condition that the Defendant would pay KRW 50,00,000 per month in equal installments of principal and interest and KRW 1,176,414 per month, and the said car was purchased on the 31st day of the same month.

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