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(영문) 광주지방법원 2017.05.18 2017고단684
권리행사방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2017 Highest 684] On January 20, 2014, the Defendant purchased the first unit of BGGGGGGGI-T car at the main office in Seo-gu, Seo-gu, Gwangju around January 2014, and the Defendant loaned KRW 20 million to 36 months by means of equal installment repayment of principal and interest between 36 months from the victim's social Co., Ltd. (K BGGGGI-T car; hereinafter the same shall apply) and set up a maximum amount of KRW 10 million with respect to the said vehicle.

Defendant: (a) around April 2014, at the time of the payment of KRW 2,250,116,00 over three times by April 2014 pursuant to the above agreement, the Defendant borrowed KRW 3 million from his name-free bonds company from his name-free bonds company around April 2014; and (b) transferred the said car, thereby hindering the victim’s right to exercise the right by concealing the said car, which was the object of collateral security.

[2017 Highest 1188]

1. On July 2, 2014, the defrauded stated to the effect that “the Defendant would pay KRW 602,230 per month between 48 months each month when he/she loans KRW 20 million to a person in charge of the name in the name of the social company that ever managed the livestock industry while purchasing one motor vehicle from the vehicle trading complex located in the Seo-gu, Seo-gu, Gwangju Metropolitan City.”

However, the Defendant did not have any particular import while suspending the livestock industry on December 2, 2013. On January 2, 2014, the Defendant paid 30,000 installments to the vehicles purchased on or around January 2014, and did not pay the remaining installments, and there was no intention or ability to repay the vehicle even if the Defendant borrowed the vehicle from the damaged person, because the said vehicle was not enough to borrow 3,00,000 won as security.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 20 million as a loan from the victim.

2. The Defendant who interfered with the exercise of rights as set forth in the foregoing 1. The Defendant borrowed KRW 20 million from the injured party as set forth in the foregoing 1. On July 3, 2014, to the injured party.

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