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(영문) 춘천지방법원 2015.05.15 2015고단221
권리행사방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 21, 201, the Defendant entered into a new installment plan with the victim Hyundai Capital Co., Ltd. and the 680,437 won per month on the condition that he/she would pay for 36 months, in the modern car C agency located in Gyeongcheon-si, Chuncheon on July 21, 201, and in the business members D, he/she promptly shipped off the vehicle that he/she intends to play at the time of leave of absence. The purchase price of the vehicle would be paid in installment.

However, the Defendant was a limited partnership company E construction site and did not work for a limited period of time, and did not have any import, and there was no idea to normally operate the above vehicle. Therefore, even if the above vehicle was purchased on a normal basis, there was no intention and ability to pay installments normally.

The Defendant, by means of the above method, had the victim pay 22,40,000 won to the Hyundai Motor Co., Ltd. the balance of the vehicle transaction by deceiving a person in charge of lending funds of the victim company, thereby acquiring pecuniary profits equivalent to the same amount.

2. On July 27, 2011, the Defendant concluded a plan to set up a mortgage-mortgage with the victim Hyundai Capital Co., Ltd. and the victim company with the victim Hyundai Capital Co., Ltd. at the time of purchase of YF Batoa car, and set up a mortgage-mortgage with the mortgagee, the suspect as collateral, the maximum debt amount of 22,400,000 won. However, on the same day, the Defendant received two million won from the person who was not killed in the name (F) before the above agency, and delivered the said vehicle.

Accordingly, the defendant concealed his own property, which was the object of the victim company's right, and obstructed the victim company's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. An application for loan, examination table, register of automobiles, and statement of claim details;

1. Investigation reports (verification of subscriber's phone number, subscriber's results, etc.);

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