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(영문) 인천지방법원 부천지원 2018.06.14 2018고단418
권리행사방해등
Text

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

Reasons

Punishment of the crime

[2018 Highest 418] On November 17, 2014, the Defendant agreed to obtain a loan of KRW 30 million from Korea of non-victim BMW X1, and to repay the loan at interest rate of KRW 10.74% per annum, period of 60 months, and the amount of principal and interest in equal installments, and paid KRW 534,42 per month to the victim as a collateral for the above obligation.

However, on March 2016, the Defendant borrowed KRW 15 million from D in a non-displace and provided the above vehicle as security.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is the object of the victim's right, so that it can not grasp the location of the vehicle, thereby hindering the victim's exercise

[2018 Highest 572] On December 3, 2016, the Defendant made a false statement to the effect that “The Defendant would sell a vehicle of KRW 65,5500,000 in 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, in fact, the Defendant entrusted the sale of a vehicle on the condition that he succeeds to the remainder of the rent of KRW 60 million from G around August 2016, but the Defendant sold the vehicle and planned to use it as personal debts and living expenses, etc., so even if he received the payment from the injured party, he did not have the intent or ability to transfer the name of the vehicle.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 1 million from that place as down payment, and received on December 6, 2016, KRW 500,000,000 from a business bank account of KRW 01072057371, a business bank of KRW 05,000,000, and KRW 13,550,000,000,000 from the market price of the victim.

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