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(영문) 대전지방법원 서산지원 2018.07.18 2018고단484
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 28, 2012, the Defendant purchased B B 2 cargo vehicles, and entered into a loan agreement with the victim Hyundai Capital (ju) and loans of KRW 13,900,000 and repayment period of KRW 36 months at the D office operated by the Defendant at Guri-si (A), and on the same day, set up a mortgage on the above loan amount of KRW 7,000,000 as the mortgagee for the above cargo vehicle owned by the Defendant as security for the above loan.

Nevertheless, on November 2013, when the Defendant was unable to pay the installment, the Defendant left the said cargo vehicle without sticking the kis on the street of the said D office before the said D office, and escaped to Busan damaged creditors, and the victim company could not check the location of the said cargo vehicle.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which was the object of the mortgage of the victim company, and obstructed the exercise of the rights of the victim company.

2. On April 16, 2012, the Defendant purchased E-cars, and entered into a loan agreement with the victim modern social (state) and loans of KRW 15,900,000, and repayment period of KRW 36 months at the D office operated by the Defendant in Gurisisi, and established a mortgage on the above loan amounting to KRW 15,90,000,000 as the mortgagee of the Defendant’s company as security for the above loan around the 30th of the same month.

Nevertheless, on November 201, when the Defendant was unable to pay the installment, the Defendant left the said vehicle without sticking the kis on the street of the said D office before the said D office, and escaped to Busan damaged creditors, so the victim company cannot check the location of the said kisk.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which was the object of the mortgage of the victim company, and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Construction Machinery Register, Motor Vehicle Register, and Hyundai Syer Social.

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