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(영문) 대전지방법원 2014.10.30 2014고단28
권리행사방해
Text

Defendant

A Imprisonment with prison labor of one year and nine months, Defendant B's imprisonment with prison labor of four months, and Defendant C shall be punished by imprisonment with prison labor of six months.

except that this shall not apply.

Reasons

Punishment of the crime

[2014 Highest 28: Defendant A] A transferred the I (State) established for the purpose of the production of aggregate in Ha, Chungcheongnam-gun, Chungcheongnam-do around March 30, 2012 and is working as a representative director thereafter.

1. The J, around July 20, 201, agrees to make an installment payment for 48 months with a loan of KRW 125 million from the Victim Liman Capital Co., Ltd. and with a loan of KRW 125 million from the Victim Liman Capital Co., Ltd., in the name of N in the (State) K in Daegu-gu, Daegu-gu (U.K.) office, and for the same year.

8.2.Around January 1, 200, the State owned and offered the foregoing cargo vehicles in the name of N as security, and created a mortgage in the amount of KRW 125 million against the obligee as the injured party.

Since February 15, 2012, J shall change the name of the said cargo vehicle to the (O)O on or around February 15, 2012, and shall again change the same year.

3.2.Before the change to I (State).

The Defendant, upon accepting I as above, had Q Q, a representative director, operate the said cargo vehicle on September 27, 2012, by accepting the said cargo vehicle with a 14-time loan of KRW 26,921,830, and operating the said cargo vehicle, without paying the remaining KRW 98,078,170, in December of the same year, and without paying the remaining KRW 98,078,170.

As a result, the defendant concealed the cargo vehicle on which the victim's mortgage was established, thereby hindering the victim's exercise of rights.

2. Around August 19, 201, J, at the above (ju) LL office, purchased R dump 25.5 tons cargo vehicles, agreed to make an installment for 48 months with a loan of KRW 120,000 from the victim Non-Hak Capital Co., Ltd., and made payment for 48 months. A mortgage was created on the claim value of KRW 120,000,000,000 for the above cargo vehicles owned by I as security and the creditor as the victim.

Since then, the defendant acquired I (owner), he also accepted the cargo car and extended over 12 times from August 20, 2012.

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