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(영문) 전주지방법원 군산지원 2019.01.09 2018고단389
권리행사방해등
Text

As to the crimes of the defendant 1, the defendant is punished by a fine of 2,00,000 won and imprisonment of 2 to 4 of the decision, respectively.

Reasons

Punishment of the crime

[criminal power] On May 4, 2016, the Defendant was sentenced to a suspended sentence of two years for 8 months, and the judgment became final and conclusive on May 12, 2016.

【Criminal Facts】

"2018 Highest 389"

1. Around April 12, 2011, the Defendant borrowed KRW 14 million from the victim E Co., Ltd. when purchasing a DoMW530i car from DaMW530, and on April 13, 2011, the Defendant created a mortgage on the said vehicle’s mortgagee’s “E Co., Ltd.” and the bond value of KRW 14 million.

However, in September 201, the Defendant borrowed 4 million won from a credit service provider in a name-free place in order to prevent the Defendant from finding the said vehicle by transferring the said vehicle.

Accordingly, the defendant concealed the above vehicle which was the object of the victim's mortgage and interfered with the victim's exercise of mortgage.

The Defendant of 2018 Go-Ma1108 received a proposal from a person with no name, stating that “I will give a loan if I will open a juristic person and make it available in the name of the juristic person,” and that I would like to open a bank account in the name of the juristic person and transfer physical cards, etc. connected to the above account to the above person with no name.

2. Crimes related to limited liability companies;

A. The Defendant entered false information in the public electronic records, etc., and the false information, etc., in an irregular place around June, 2016, was the representative director of the corporation, and was issued necessary documents to change the representative director of the corporation, such as the Defendant’s seal imprint, certificate of personal seal impression, etc., and reported to the bearer of the name, despite the absence of an intent to operate the corporation. On June 7, 2016, the name bearer was changed to “A” by using the above documents in the registry office of the Seoul Central District Court located in Seocho-gu Seoul High Court, Seoul High Court, which was located in 14-ro 3-ro, to “K” but it is obvious that it is a clerical error in “G.”

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