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(영문) 대전지방법원 2014.06.11 2014고단455
권리행사방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2014 Highest 455"

1. On September 26, 2012, the Defendant purchased one motor vehicle in the N’s name at the N’s N’s place of business located in Seongbuk-gu Daejeon, Daejeon, and borrowed 24,870,000 won out of the purchase price from the “Aju Capital of the Victim Co., Ltd.” to 48 months, and created a mortgage on the said motor vehicle with the victim company as mortgagee, and with the secured claim amounting to 17,409,000 won, around October 16, 2012.

Nevertheless, the Defendant had not repaid the principal and interest at all after having repaid the total sum of KRW 1,494,282 over two occasions. Around April 19, 2013, the Defendant delivered the said vehicle to the creditors whose name is unknown at a location below Seoul.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which is the object of the mortgage of the damaged company, and obstructed the exercise of the mortgage by the damaged company.

"2014 Highest 524"

2. The Defendant, along with P and Q, was a person who worked as an engineer of Lebler.

When the Defendant stated that P would engage in a work using a vehicle owned by the victim under the Ststs Act, which is a vehicle in the victim’s possession, and came to know of the circumstances that the money was needed for gambling in the Gangseoland casino while the Defendant was in custody of the said Embr, the Defendant sought to borrow money from the victim’s owner by using a personal seal impression in the victim’s name, with P and Q, which was known to P and Q, and the Defendant used the victim’s personal seal impression in order to conduct a public sale of separate vehicles owned by the victim.

As above, the Defendant: (a) in the Hanwon Islands near the Gangseo-gun, Gangwon-do on February 23, 2013, and Q calls for contact with T and U, an employee of the vehicle sale business, which was known to the general public, to leave the said T and Q, and (b) the Defendant and P are U.S.

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