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(영문) 대전지방법원 천안지원 2018.05.24 2017고단2131
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2015, the Defendant, at the time of the influent used cars trading in the south-gu flowdong, was loaned KRW 14.5 million, out of the purchase price of Grandroth and KRW 1,200,000,000, out of the purchase price of the Grandroth and the 1,200,000,000,000,000,000,000,000 won from Hyundai Capital Co., Ltd.

In accordance with the above loan agreement, the defendant agreed to repay monthly loans between 48 months after the end of the 48-month period, and as a security, the defendant set up a maximum amount of KRW 1,0150,000 for Lone Starsch Rexroth Co., Ltd. and the maximum amount of KRW 784,000 for the cargo vehicle, and on the same day, the ownership registration of the above vehicle was completed in the name of the defendant.

Therefore, even though the Defendant, as seen above, has preserved the automobiles which were the object of the mortgage, he provided D with the above 4 million won loan from the two Dongs, Seocheon-gu, Seocheon-gu, Seocheon-si as collateral, and thereafter offered D with the above 4 million won loan to D at the same place around that time, and offered D with the above franchising vehicle as collateral. On May 4, 2016, the Defendant acquired the claim against the above vehicles from Hyundai Gak Capital Co., Ltd. and obstructed the victim from exercising the right to exercise the right regarding the exercise of the victim’s right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to collateral by concealing his own goods which were the object of the right to collateral security of the limited liability company, which was the object of the right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. E statements;

1. An application for the loan of modern capital;

1. Notice of transfer of claims and acceptance of entrustment;

1. Original Register of Automobile Registration;

1. Receipt and notification of an application for registration of transfer, etc. of assets;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements on the details of specifying the amount of damage and payment of interest);

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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