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(영문) 부산지방법원 서부지원 2019.01.18 2018고단1359
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

[2018 Highest 1359] On February 18, 2011, the Defendant entered into a loan agreement with the victim D Co., Ltd. (loan 20,000,000,000 won, and repayment of KRW 487,789 won each month during 48 months) with the Egymna in the Cgymna located in the Youngdo-gu Busan Metropolitan City, Busan. On February 18, 201, the Defendant set up a right to collateral security (right to collateral security) with the mortgagee as the victim.

Nevertheless, around July 2012, the Defendant borrowed 6 million won from a lender on his own name at the coffee shop located in the Busan Ho-dong, Seo-gu, Busan, and offered it as security.

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

[2018 Highest 2381] On June 25, 2010, the Defendant entered into a loan agreement with the victim FF Co., Ltd. to purchase money (loan 8,000,000,000 won, repayment of KRW 269,550 won each month for 36 months) in the middleest trading complex of the middleest and highest vehicle located in Busan (hereinafter referred to as Busan) and set up a collateral security agreement with the mortgagee as the victim on the same day.

Nevertheless, around March 2012, the defendant extended three million won from a lender on the name in the column of the city's office in Busan, Seo-gu through the Internet and offered the above car as security.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written Statement;

1. Each complaint book, goods application form, agreement of installment financing, contract of acceptance of claim, notification of assignment of claim, notification of assignment of claim, announcement of the register of automobiles and written request for return of security;

1. Application of Acts and subordinate statutes to each investigation report (specific relation to the date of crime and setting of the right to collateral security);

1. Article 323 of the Criminal Code as to the facts constituting the crime.

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