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(영문) 대전지방법원 서산지원 2018.11.08 2018고정165
권리행사방해
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 8, 2015, the Defendant received a loan of KRW 28.5 million from the Defendant Hyundai Capital Co., Ltd. to purchase Cone Star Co., Ltd. at a around 2015 location, and the Defendant decided to pay the loan and interest in installments for 36 months.

On September 9, 2015, the Defendant newly registered the foregoing vehicle in the future of the Defendant, and on October 6, 2015, established a collateral security right of KRW 5.7 million in the value of the secured claim in the future of the Victim Hyundai Capital Co., Ltd. in order to secure the above loan around October 6, 2015.

On May 9, 2016, the Defendant continued to set up a collateral security interest of KRW 19 million in the value of the secured claim, which is the victim's right holder, at the office of the mutual savings bank in the Jung-gu, Daejeon Metropolitan City, the Seoul Special Metropolitan City, as a state bond compensation, to offer the victim as security and to receive a loan of KRW 19 million in the name of the Defendant. On the same day, the Defendant set up a collateral security interest of KRW 19 million in the value of the secured claim, which is the victim as the right holder.

Nevertheless, on January 20, 2017, the Defendant borrowed the money from the pawnan located in the Gakwon-gun, Taewon-gun, Chungcheongnam-gun, which was the object of the right to collateral security of the victims, and concealed the assets of the victims as collateral and prevented the victims from exercising their rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement prepared by D or E;

1. Statement on loan, loan agreement on loan transaction, automobile registration ledger, and deposit details of loan;

1. A complaint (a one light management loan), a written contract for asset acquisition and transfer agreement, sales certificate, notice of transfer of claims, verification of details, the head of a loan, inquiry into the loan ledger, the bond registration ledger, bond account statement, and all certificates to be registered (a copy);

1. Investigation report (Investigation of the other party of the pawned one's owner);

1. Application of Acts and subordinate statutes, such as a report on investigation (verification of the location of a vehicle) and standard contract for loan transactions;

1. Article 323 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for negligence;

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