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(영문) 춘천지방법원 원주지원 2015.12.01 2015고단918
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 18, 2012, the Defendant borrowed 20 million won as the purchase fund from the victim Aju Capital Co., Ltd. in order to raise funds for the purchase of the said car, and established a mortgage on the said car purchased by the Defendant on the same day on the same day as the mortgagee Aju Capital Co., Ltd. and the bond value of KRW 14 million.

In addition, on September 19, 2012, the defendant purchased E-Pops from the above office and registered the transfer of ownership in the name of the defendant on the same day, borrowed KRW 10,80,000 from the victim Aju Capital Co., Ltd. in order to cover the purchase price of the said car, and created a mortgage on September 20, 2012 with the amount of KRW 7,560,000 as the mortgagee's capital and the bond value as the above cargo purchased by the defendant as security.

Nevertheless, on September 2012, the Defendant borrowed 2 million won from a person who had no name at the end of Ansan-si (hereinafter referred to as Ansan-si) and transferred the same cargo vehicle which is the object of the mortgage. On January 2013, 2013, the Defendant borrowed 2.5 million won from a person who had no name at the seat of the first police station, who borrowed 2.5 million won from a person who had no name at the seat of the first police station, and transferred the car.

Accordingly, the defendant concealed two motor vehicles which are the object of the mortgage and interfered with the exercise of mortgage by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. The police statement concerning F;

1. Application for and agreement on each loan, each payment guarantee letter, each application for payment guarantee/payment guarantee transaction agreement, each transaction record of loan loan and loan account, and details of receipt of principal and interest on each time discrimination;

1. Each register of automobiles;

1. Application of Acts and subordinate statutes for loans;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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