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(영문) 수원지방법원 안산지원 2017.11.02 2017고단2038
권리행사방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

The defendant is a person who actually engages in construction business while operating a stock company C (Representative Director A) solely.

On July 6, 2015, the Defendant: (a) concluded an installment financing contract with the Defendant to purchase 37,00,000 won with the loans at the victim’s new capital company office located in the Dongjak-gu Seoul Metropolitan Government on July 38, 2015; (b) concluded an installment financing contract with the Defendant to pay KRW 7.9% per annum for the loans; (c) 60 months for the loans; and (d) monthly payments of KRW 748,457 for the loans; and (e) again, on July 7, 2015, the Defendant agreed to purchase 6,00,000 with the loans from the above victim’s office with the Defendant to pay KRW 57,00 as interest rate of KRW 9.9% per annum for the loans; (d) 60 months for each month; (e) 1,208,278,000 won for the loans to be paid to the Defendant; and (d) concluded a mortgage on the loans to the victim to set the loans to 0.

Nevertheless, from August 2015 to January 2016, the Defendant paid only the amount equivalent to KRW 11,000,000 for each six-month installment from August 2016, and was notified from the injured party of the loss of the benefit of time under the loan agreement from February 2016, and was requested by the injured party for the confirmation of the two locations of the above expansion period and delivery for the execution of mortgage, but at that time, the Defendant concealed the two parts of the above excavation period so that the injured party cannot confirm the whereabouts of the above excavation period and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The agreement on installment financing of automobiles, the agreement on installment financing of automobiles, the terms and conditions of loans, the register of construction machinery registration (E), the register of construction machinery registration (D), the business registration certificate, the repayment order and the details of payment, the peremptory notice of payment in arrears, and a notice of termination at latest;

1. Application of Acts and subordinate statutes to photographs to be submitted;

1. Criminal facts;

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