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(영문) 대구지방법원 2019.10.18 2019고단2633
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2017, the Defendant: (a) purchased DMW 520d passenger cars in A, and (b) borrowed KRW 32 million with E Co., Ltd.; and (c) entered into a mid-term installment contract with the victim E Co., Ltd. to make installment payments for 48 months; (b) around August 8, 2017, the Defendant set up a mortgage on the said passenger car at the victim Co., Ltd. as to the bond price of KRW 16 million.

After December 14, 2017, the Defendant entered into a loan agreement with the victim FFF corporation through the Internet to borrow KRW 8 million, and to repay it for 36 months, and on the same day, the Defendant created an additional mortgage on the claim amounting to KRW 8 million on the said passenger car to the victim F.

Nevertheless, the Defendant borrowed KRW 10 million from G on March 2018, and transferred the said BMW 520D car as collateral and made it unclear the location of the car.

Accordingly, the defendant, who was the object of the rights of the above damaged company and the damaged savings bank, concealed the above BMW 520D car owned by the defendant, thereby hindering the victim company and the damaged savings bank from exercising their rights.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. The statement made to supplement the complaint of H;

1. Each complaint letter, a written application for a middle and high-speed debate, details of transactions, asset acquisition agreement, notification of transfer of claims, notification of the fact of transfer of claims, notification of use of credit information, criminal complaint, evidence of contents of criminal complaint, loan product description, loan transaction agreement, loan transaction agreement, application for withdrawal transfer, payment order (2018 Before 1386), copy of passbook, and statement

1. The text of the decision on the auction of automobile (I), the protocol of impossibility to deliver automobile, the register of credit management, and the register of automobile;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 323 of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal provisions;

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