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(영문) 제주지방법원 2019.06.27 2018고단2268
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 2, 2016, the Defendant borrowed 25,00,000 won from the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) at the office located in Daegu-gu, Daegu-gu, on the condition that EMW 528i and the 1,222,880 won shall be repaid each month in installments for 24 months, and on May 10, 2016, the Defendant set up a collateral security on the said car for the purpose of securing a loan.

Until July 25, 2016, the Defendant continued to pay the installments of KRW 3,668,640 in three times, and received demand from the victim company for the payment of the installment, but the Defendant failed to pay the installment despite having been paid the installment from the victim company. On October 2016, the Defendant entrusted the repair of the said vehicle to the "G" maintenance factory located in the "G" in the "G" in the "G" city F in Busan Metropolitan City around 2016 and failed to inform the victim company of the location of the said vehicle, thereby making the victim company impossible to confirm the location of the said vehicle.

By doing so, the defendant made it considerably difficult to find the location of the car, thereby concealing the car and hindering the exercise of the rights of the victim company.

Summary of Evidence

1. The police statement of H;

1. A complaint, a motor vehicle construction machinery security loan agreement, a written application, a certificate of automobile construction machinery security loan agreement, a written confirmation, a certificate of an individual/corporation actual owner, a motor vehicle registration certificate, a certified copy of the register of motor vehicle (A), a certified copy of the register of motor vehicles, a certified copy of the account, a statement of claim amount calculation, a statement of claim/deposit claim, a counseling day, a case of notification of termination of contract, delivery progress, decision paper, a written notice of overdue payment, a certificate of vehicle delivery, a certified copy of the resident registration card, an investigation report (attached to documents submitted by an agent), an applicant information document, a statement of deposit transaction details, a certificate of personal seal impression, a copy of a resident registration certificate, a certified copy of a resident registration card, a certificate of personal relationship, a report on history of a heavy accident, I information on motor vehicle, an investigation report (a statement at the J phone president of a second seller).

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