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(영문) 대전지방법원 홍성지원 2020.02.04 2019고단399
권리행사방해
Text

Defendant

The punishment against A shall be KRW 50,000,000, and the punishment against Defendant A shall be imposed on KRW 10,000,000,00.

Reasons

Punishment of the crime

[criminal record] On September 25, 2019, Defendant B was sentenced to imprisonment with prison labor for one year and two years of suspended execution with the Daejeon District Court for fraud, and the judgment became final and conclusive on October 3, 2019.

【Criminal Facts】

Defendant

B was a person who operates a mobile phone agency in the name of "D" in the Jung-gu Daejeon District Office, and the defendant A asked the defendant A to be an employee of the above agency, and the defendant B requested the defendant A to be "where a new car is required for the operation of the agency, and the name is lent."

1. From July 31, 2013, the Defendants entered into a new installment agreement with H Co., Ltd. to pay the price for the purchase of Granchise car at the Flue Office located in Seo-gu Daejeon, Seo-gu, Daejeon, with H Co., Ltd., and set up a mortgage on the said car as a mortgagee in order to secure the above company’s loan claims.

Nevertheless, on April 2014, the Defendants borrowed KRW 10 million from J, which was known to the seller of a used motor vehicle first as a used motor vehicle first, and offered the said motor vehicle as collateral to J and sold the said motor vehicle to a person who could not know the name of the said motor vehicle in order to repay the loan.

Accordingly, the Defendants conspired with H Co., Ltd., thereby hindering the exercise of rights by the victim company by concealing the said car that became the object of the right of KN limited liability company to acquire the above loan claim.

2. On January 13, 2014, Defendant B’s Defendant and A with respect to obstruction of a passenger car related to the passenger car at the Fulma point in Seo-gu Daejeon, Daejeon, entered into a new installment agreement with H Co., Ltd. in an amount equivalent to KRW 37,700,000 for the payment of the purchase of a passenger car at the Fulma point in Seo-gu, Daejeon. In order to secure the claim for the above company’s loans, H Co., Ltd. shall be the mortgagee and the bond value shall be 1,850,000 won.

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