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(영문) 인천지방법원 2017.06.15 2016고단8185
권리행사방해등
Text

A person shall be punished by imprisonment with prison labor for 8 months and 2 months, respectively, for a crime set forth in the judgment of the defendant 1 or 2.

Reasons

Punishment of the crime

[criminal records] On July 20, 201, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Incheon District Court for eight months on July 20, 201, and the said judgment became final and conclusive on May 24, 2012. On November 11, 2015, the same court was sentenced to one year and two months of imprisonment for fraud, etc. and the said judgment became final and conclusive on March 17, 2016.

[Criminal facts] [2016 Highest 8185]

1. The Defendant: (a) purchased and operated a sprinkler vehicle in the name of C and C in the name of C; and (b) offered the said vehicle as collateral and offered money to the Defendant.

On April 29, 2015, the Defendant purchased DNA-based vehicles of an amount equivalent to KRW 49,900,000 at the market price in the front market of the Posp-dong 102-7, Seongbuk-gu, Sungnam-si, Sungnam-si, and received loans from the victim non-NNK Capital Co., Ltd., and appropriated the purchase price for the said vehicle to appropriate the funds for the purchase of the said vehicle. On April 30, 2015, the Defendant registered the establishment of a right to collateral security at the foregoing vehicle registered under the name of the C on April 30, 2015, with the mortgagee's non-NNK Capital Co., Ltd., bond value of KRW 24.9 million.

On June 16, 2015, the Defendant borrowed 19 million won from the credit service provider E on the second floor of the Home Pluter in the Namdong-gu Incheon Metropolitan City Blux, and transferred the possession of the said vehicle to E as security and made it impossible for the Defendant to know the location of the said vehicle.

Accordingly, the defendant conspired with C to conceal C's property which is the object of the victim's right, thereby hindering the victim's exercise of right.

[2016 Highest 9189]

2. Fraud;

A. On November 201, 201, the Defendant came to know the Victim F through the “Creation of a Smartphone-Related App,” a smartphone-making app, and runs a construction business and real estate leasing business as if having refluence, while driving as if having refluences with the victim on December 2, 201, the Defendant would purchase the victim’s “Woo-ri vehicle” at home with the victim around 201.

If a contract of installment is made in four names, the person who beliefs that he/she will pay a monthly installment shall be the victim.

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