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(영문) 서울북부지방법원 2021.02.03 2020고단4861
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On August 28, 2018, the Defendant: (a) obtained a loan of KRW 93 million from the victim B Co., Ltd. in order to raise the purchase fund for one of the five-dimensional sports cars at the former branch office of the former branch office of the Jin-gu Seoul Special Metropolitan City Co., Ltd. (2) on the second floor of the Seoul Special Metropolitan City Co., Ltd.; and (b) agreed to pay the loan and the interest thereon in installments for a period of 48 months.

On August 29, 2018, the Defendant registered the said car under the name of the Defendant, set up a right to collateral security of the maximum amount of KRW 46.5 million in the name of the victim with respect to the said car as a security for the obligation to pay principal and interest on the loan.

On December 2, 2018, the Defendant delivered the said car to E, who is a land owner engaged in the car lending and borrowing business, so it is impossible for the victim to grasp the location of the said vehicle.

Accordingly, the defendant concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.

2. On August 28, 2018, the Defendant: (a) obtained a loan of KRW 68 million from the victim FF Co., Ltd. to raise the purchase fund of KRW 68 million, which is a used vehicle, at the office of the former branch office of the FF Co., Ltd. located on the 18th floor of Seo-gu Seoul Special Metropolitan City building G on the 18th floor; and (b) agreed to pay the said loan and interest thereon in installments for 48 months.

On August 29, 2018, the Defendant registered the said car under the name of the Defendant, set up a mortgage on the maximum amount of KRW 34 million with respect to the said car under the victim’s name as a security for the obligation to pay principal and interest on the loan.

On January 2019, the Defendant delivered the said car to E, who is a land owner engaged in the car lending and borrowing business, so it was impossible for the victim to grasp the location of the said vehicle.

Accordingly, the defendant has concealed his own property which was the object of the victim's right, thereby causing the damage.

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