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(영문) 대구지방법원 경주지원 2017.02.16 2016고단613
권리행사방해등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

(2) the date of this judgment.

Reasons

Punishment of the crime

【Defendant A’s past record of crime committed on January 7, 2015, as well as six persons who had been sentenced to a suspended sentence of 8 months for fraud in the Daegu District Court racing support and sentenced to a suspended sentence of 2 years for fraud, and were punished for the same crime.

[Criminal Facts]

1. Defendant A

A. On December 4, 2015, the Defendant interfered with the exercise of the right to claim payment of KRW 33,00,000 for the vehicle from the KB Capital Co., Ltd. for the first time for 60 months after receiving loans from the damaged party, and agreed to make installment payments of KRW 703,572 for the first time, and KRW 636,449 for each month thereafter, and around December 11, 2015, the Defendant created a mortgage on KRW 26,40,000 for the bond value of the said vehicle as security for the said obligation to the victim.

Nevertheless, on December 28, 2015, the Defendant borrowed KRW 6,000,00 from E at a place where no name is known and delivered the said car as security.

Accordingly, the defendant concealed the car owned by the defendant, which was the object of the victim's right, so that the location of the car can not be grasped, thereby hindering the victim's exercise of right.

B. On January 15, 2016, the Defendant entered into a contract for the lease of facilities (lease) with a view to paying rent of KRW 444,400 per month to the Plaintiff’s Hyundai Capital Co., Ltd. for 60 months at the Hyundai Motor Sales Point located at the port of port, and received the delivery of the said passenger car.

On February 2, 2016, the Defendant: (a) borrowed KRW 5,120,00 from his name in a place where his name is unknown; (b) provided the said car as collateral to the victim; and (c) disposed of it according to the mind, such as delivering the said car to the victim.

Accordingly, the defendant embezzled the victim's property.

(c)

On February 1, 2016, the Defendant, at the office of the Defendant, was the victim who was at the time of Pohang-si on February 1, 2016.

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