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(영문) 광주지방법원 목포지원 2018.12.21 2018고단515
권리행사방해등
Text

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

Reasons

Punishment of the crime

[2018 Highest 515] On July 12, 2016, the Defendant agreed to make a loan of 32,480,000 won from the injured party at the Gwangju branch office of Gavi Capital Co., Ltd., Ltd., 110, the center of Gwangju Seo-gu regular business, and agreed to make a 658,570 won per month between 60 months and set up a right to collateral security (3.2t) with a loan of 30,590,000 won as the amount of the loan to the Defendant-owned C, and created a right to collateral security (3.2t) with a loan of 30,590,000 won as the amount of the credit between 60 months and 620,250 won per month between 60 months and 60 months.

While the Defendant paid only three installment payments to the victim, on October 2016, the Defendant: (a) transferred one of the F places of business in which the Defendant’s name-free creditors in the F places of business operated by the Defendant, as repayment for monetary claims, to the creditor in the F places of business operated by the Defendant, on the one hand; (b) it is impossible to identify the location of the Defendant; and (c) around that time, transferred another one of the two places of business to the damaged land and concealed the execution of the mortgage by the victim.

In this respect, the defendant concealed goods that were the objects of the victim's rights, thereby hindering the victim's exercise of rights.

[2018 Highest 891] The Defendant supplied the victim G G Co., Ltd. from around July 2013 to July 2016 and was liable for the payment of KRW 9,580,960 to the victim, and the Defendant defaulted on October 7, 2016. On February 7, 2017, the victim filed a lawsuit against the Defendant for the payment of the purchase price with the Gwangju District Court, and the judgment for claiming KRW 9,580,960 on June 16, 2017 became final and conclusive. On July 2, 2018, the Defendant received a decision to commence compulsory auction against three vehicles, such as C, the Defendant owned in the Gwangju District Court G Co., Ltd.

On October 2016, the Defendant, due to the financial difficulties of around 2016, was faced with compulsory execution from the victim and other creditors, and at the I workplace located in J in the Southern J of J around that time.

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