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(영문) 수원지방법원 평택지원 2020.06.12 2020고단44
권리행사방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 26, 2018, the Defendant purchased Pyeongtaek-si B building, C & D from 2013 to 2013 E ML350 bents vehicles, and applied for loans of KRW 45,000,000 to the victim F Co., Ltd.

On May 2, 2018, the Defendant established a collateral security of KRW 22,500,000 on the above vehicle, and purchased the said Benz vehicle by borrowing KRW 45,00,000 on the condition that it would pay KRW 1,415,30 on a monthly basis to F Co., Ltd. for 48 months.

However, the defendant paid four installments only, and did not pay installments from October 1, 2018.

Since then, the Defendant was notified by the complainant of whether the contract was terminated on the basis of the loss of benefit of time, by wire and mail, etc., and received postal items demanding the return of the vehicle around April 2019.

On September 17, 2018, the Defendant continued to apply for a general loan of KRW 12,00,000 from the LL350 from the LL350, and entered into a loan agreement with the Defendant on September 18, 2018, setting up a collateral security of KRW 12,000,000 on the above EL350 ML vehicle and paying the principal and interest for the period of 60 months.

Therefore, the defendant should not interfere with the victims' exercise of rights by taking, concealing or destroying the victim FF Co., Ltd. and Ebenz vehicles which are the object of the rights of the victim G.

Nevertheless, around October 2018, the Defendant borrowed KRW 11,700,000 from the J On the street, located at the entrance of Pyeongtaek-si H, and transferred the E vehicle to a person who is not due, thereby hindering the exercise of rights by the victim FF corporation and obstructing the exercise of rights by the victim G at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement on complaint, supplement of complaint and statement;

1. Automobile register;

1. The credit balance inspection, debate on the middle and high-income bracket, verification of personal signature, and notification of scheduled progress of legal proceedings;

1. An asset transfer agreement and a notice of assignment of claims;

1. Application of Acts and subordinate statutes to the investigation report (K's statement);

1. Articles 323 and 323 of the Criminal Act concerning criminal facts

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