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(영문) 대전지방법원 2020.05.28 2020고단246
권리행사방해
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 31, 2019, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for special larceny, etc. at the Daejeon District Court, and the said judgment became final and conclusive on June 8, 2019.

【Criminal Facts】

1. On February 20, 2018, the Defendant: (a) purchased one set of DJ container truck at the C office located in a corporation office located in substantial area of Cheongju-si, Cheongju-si; (b) obtained loans from the victim E Co., Ltd. at the annual interest rate of 1.9%; and (c) on March 15, 2018, obtained loans from the victim E Co., Ltd. at the interest rate of 11.9% per annum; and (d) months during the installment period of 48 months; and (c) registered the creation of mortgage at the interest rate of 42 million won.

Nevertheless, on August 2018, at the time of paying installments by June 2018, the Defendant borrowed KRW 10 million from the bonds company named “F” in the name of “F” at the end of Daejeon, around August 2018, and made it difficult for the victim to find the location of the said truck by transferring the said truck to the security.

Accordingly, the defendant concealed the truck owned by the defendant, which is the object of the victim's right.

2. On March 20, 2018, the Defendant: (a) purchased one of the instant C office that used to purchase one of the instant C office, the Defendant: (b) borrowed 56 million won from the victim H Co., Ltd. at a annual interest rate of 10.9%; and (c) registered as a mortgage creation on the said truck as a mortgagee on the security on April 19, 2018, with the claim value of KRW 28 million, in order to cover the purchase price of the vehicle.

Nevertheless, on August 2018, at the time of paying installments by June 2018, the Defendant borrowed KRW 12 million to the bond business operator named “I” in the name of “I” from the sub-section of Daejeon (Seoul) around August 2018, and made it difficult for the victim to find the location of the said truck by transferring the said truck to the security.

Accordingly, the defendant concealed the truck owned by the defendant, which is the object of the victim's right.

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