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(영문) 대전지방법원 2019.05.01 2018고단4130
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2015, the Defendant purchased BenzS500 L vehicles, and concluded a loan contract with C Co., Ltd. of an amount equivalent to KRW 39 million and had C Co., Ltd pay the automobile price. On February 23, 2015, the Defendant established a mortgage on automobile commuting with C Co., Ltd. as collateral for KRW 27.3 million out of the above loan.

Nevertheless, around December 29, 2015, the Defendant borrowed KRW 12 million from D, and delivered the said car to the said D for the purpose of securing, and obstructed the Defendant’s exercise of rights by the victim E, a corporation, who acquired the above loan claims against the Defendant from C corporation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Investigation report (to hear D phone statements for reference);

1. Automobile register;

1. Application of the C Medium Loan Application, Bond Statement, and Loan Certificates Act and subordinate statutes

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that the suspension of execution is against the victim and there is no criminal record exceeding the same kind and fine, and the fact that the victim has agreed with the victim);

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