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(영문) 수원지방법원 성남지원 2020.05.27 2019고단2355
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

1. On May 15, 2018, the Defendant purchased EbenzS50-L car from the non-affiliated store in Seocho-gu Seoul Metropolitan Government, with the loan period of 48 months and the agreed interest rate of 15.9% per annum. On May 21, 2018, the Defendant borrowed KRW 23 million from the victim and gave the victim a mortgage of KRW 11.5 million at the bond value to the victim.

On June 2018, the Defendant borrowed 5 million won from F to F at any place in Sungnam-si, Sungnam-si, and transferred the said vehicle as security for transfer, thereby making it impossible to discover the location of the vehicle.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

2. On May 10, 2018, the Defendant purchased a vehicle from the “I” in the middle and high-speed trading store located in the area of HA car trade in Suwon-si, Suwon-si, the Jhohosk-si, with a loan period of KRW 60 months and a loan of KRW 50 million per annum from the victim, and on May 14, 2018, set up a mortgage on the claim value of KRW 10 million against the victim.

On July 28, 2018, the Defendant borrowed KRW 8 million from N, i.e., “L” in the vicinity of “L”, “L” located at Hanam-si, and transferred the said vehicle as security for transfer, thereby making it impossible to discover the location of the vehicle.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Of the second protocol of trial, a copy of the police statement P on the defendant's statement of each prosecutor's suspect interrogation protocol against the defendant written in the defendant's statement, a copy of the second protocol of trial, a copy of each register of motor vehicles, a notice of assignment of claims, a notice of assignment of claims, customer information in G second class loan, a receipt of the receipt of vehicle in G second class and the power of delegation of loans, an investigation report

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