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(영문) 청주지방법원 2020.07.23 2019노1801
권리행사방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following circumstances acknowledged by the summary of the grounds for appeal in the instant case’s records, the lower court erred by misapprehending the fact that the Defendant was conspired with G or was able to have engaged in the instant crime at least, but acquitted the Defendant, thereby adversely affecting the conclusion of the judgment.

(1) From June 24, 2015, the term of insurance contract with the insurance company and the insurance company in the process of purchasing D Ecoos car (hereinafter “instant car”) in purchasing D Ecoos car on June 24, 2015

7. In full view of the circumstances where the location of the instant car was missing, the Defendant and G purchased the instant car from the beginning with the intention of distributing it to the bond company as collateral, and provided it to the bond company as collateral. In full view of the fact that the Defendant and G purchased the instant car from the beginning to the end on the nine days after the purchase by G’s request by G on the nine day after the purchase date, and offered it as collateral to the bond company.

(2) On July 8, 2015, the Defendant, after establishing a company called “C” with G on July 8, 2015, concluded a false horse with “A,” a separate victim X company, which was “A, is a person operating the Y apartment site located in Ansan-si. Zhodo,” and its affiliation was a criminal offense that was loaned by the victim X company from the victim X company, and became final and conclusive by a suspended sentence of one year for a four-month term of imprisonment with labor

(3) The instant crime also occurred at the time adjacent to the said established fraud, and it is reasonable to deem that G and the instant crime were conspired to commit the instant crime, or that G were easy to commit the instant crime.

(4) It is difficult to believe that the Defendant’s statement that “G has signed a document related to security for transfer in trust by finding the instant vehicle again within two weeks” is in light of the substance of the established fraud.

(5) The J consistently states to the effect that it has lent money to G and has received the instant vehicle as security by the investigative agency.

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