(영문) 서울중앙지방법원 2014.01.17 2013고단6184

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(영문) 서울중앙지방법원 2014.01.17 2013고단6184

권리행사방해

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A defendant shall be punished by imprisonment for four months.

except that the execution of the above sentence shall be suspended for a year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2011, the Defendant concluded a loan agreement with the victim's social company (hereinafter referred to as "victim company") to borrow KRW 30 million, which is the Defendant's possession, and established a mortgage on the amount of KRW 30 million with the damaged company as the mortgagee on November 8, 201, and the Defendant as the debtor on the claim amount of KRW 80,000,000.

Nevertheless, around January 2012, the Defendant delivered the said car to E in order to secure the obligation corresponding to KRW 10 million, which was borne by the said E, at the office of Seocho-gu Seoul, Seocho-gu Seoul, to the said E, so that the damaged company cannot grasp the location of the said car, thereby preventing the Defendant from exercising the mortgage on the said car.

As such, the Defendant concealed his own car, which was the object of the mortgage of the victimized Company, thereby hindering the exercise of mortgage by the victimized Company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, and part of witness E’s legal statement;

1. A written statement;

1. A copy of the written complaint, customer management information, details of deposits, and a copy of the agreement on installment financing of a second class;

1. A copy of a loan certificate (security for insurance fee), a vehicle use contract, and a certificate of custody are denying the Defendant. However, the following circumstances recognized by each of the above evidence are stated to the effect that: (a) the Defendant is liable to pay 10 million won or more after the due date for payment to E; (b) the Defendant provided E with damaged vehicles actually being used for the company’s official lane; (c) the Defendant is insured by a third party who actually used the above damaged vehicles, which are not E, using the said registration certificate, etc.; and (d) the Defendant is an employee of the victimized company, “A vehicle is in a condition other than E, and is not in a condition to pay back.”

유사 판례

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