(영문) 인천지방법원 2018.03.28 2018고단688

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(영문) 인천지방법원 2018.03.28 2018고단688

권리행사방해등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 688"

1. Around February 18, 2016, the Defendant, along with the name influor and the influor of the name influorous name of the Defendant, agreed to purchase a coo car in the name of the Defendant in the C Office located in the name of the Defendant, and receive 1.5 million won loans from the name influoring employee of the Victim Company EF Savings and the purchase price of a car from the victim Company to February 20, 2019, on a total of 36 occasions from March 20, 2016 to February 20, 2019.

However, in fact, only the idea of the cubicization of the cubic car above did not have the intention or ability to repay the loan.

The Defendant was granted a loan of KRW 11.5 million on the same day from the injured party.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person with no name.

2. The Defendant interfered with the exercise of the right set up a mortgage on the said vehicle at the time and at the place specified in paragraph 1, at the same time, to set up a mortgage on the said vehicle around February 19, 2016 and set up a mortgage on the amount equivalent to KRW 11,50,000,000 for the mortgagee Co., Ltd., the victim Co., Ltd.; however, the Defendant transferred the Eccoo car to the above influor’s name on the street near the dispatching forest located in the Dong-gu, Incheon Metropolitan City.

Accordingly, the defendant, in collusion with a name-free person, concealed Ecuas car which is the object of the victim's rights, thereby hindering the victim's exercise of rights.

"2018 Highest 833"

3. On November 30, 2015, the Defendant, related to the Robio 201, called “Around November 30, 2015, the Victim E by phoneing the phone at the lux, “I will subscribe to the Internet and TV combined goods and pay KRW 39,000 per month under the 3-year agreement of 201, Nam-gu, Incheon.”

However, in fact, the defendant was able to receive cash, which is a good, to use it for personal purposes, and monthly.

유사 판례

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