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(영문) 대구지방법원 서부지원 2015.10.07 2015고정157
권리행사방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

C When it was impossible to purchase a vehicle under the name of the Defendant due to bad credit, the Defendant, who was known to the general public, proposed to “to obtain a loan under the name of the Defendant and to have the Defendant purchase the vehicle,” and the Defendant offered to obtain a loan by concluding a loan contract under the name of the Defendant with the consent of the Defendant.

Accordingly, around March 12, 2012, the Defendant purchased 1 Doyang-si Social Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Gangnam-gu Seoul (hereinafter “victim Co., Ltd.”) 790-1, Gangnam-gu, Seoul, and entered into a loan contract with an employee in charge as if he actually received a loan and used a vehicle and repaid the loan, and the Defendant took out a loan contract with a victim company with a content of 23.6 million won as if he would actually receive a loan from the victim and pay the loan in installments at KRW 924,657 on the 15th of every 36 month.

However, in fact, the Defendant was merely the nominal lender and actually purchased the vehicle with the loan was C, and C was in a situation where it was impossible to purchase the vehicle under the name of the bad credit holder at the time, and because it was difficult to make installment payments, it was in an economic difficult situation, such as transferring the vehicle to E at least three months from the date of purchase of the vehicle and making it impossible to locate the location of the vehicle. Therefore, even if the Defendant received the loan from the victim company and purchased the vehicle, there was no intention or ability to repay the loan as agreed upon.

Nevertheless, the Defendants conspired to deception the victim company as above and acquired 23.6 million won from the victim company as a loan, thereby deceiving the victim company.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Police suspect interrogation protocol of the accused;

1. C’s legal statement;

1. A written statement;

1. Each judgment document and investigation report (the transfer of this case) 1.

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