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(영문) 대전지방법원 2013.08.14 2012노1496
권리행사방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) was found not guilty of the Defendant, even though the Defendant borrowed a used vehicle purchase fund from the victim Korea Social Co., Ltd. and agreed to set up a collateral security right to the victim, but the Defendant kept the documents related to the transfer of ownership of the instant vehicle as it is and had it delivered and operated for the purpose of collateral security to other creditors G, which is at least other creditors, and at least did not have any negligence to make it difficult to detect the said vehicle difficult. The judgment of the court below erred by misunderstanding

2. Determination

A. On November 13, 2009, the Defendant: (a) provided the foregoing vehicle purchased as collateral on the condition that the Defendant would repay KRW 1,900,240,000 for the first installment of the principal and interest of 1,955,912, and KRW 1,90,000,000 for 36 months following the 35-month period; and (b) provided the said vehicle purchased as collateral on the condition that the Defendant would be repaid KRW 1,90,240 for 1,90,000,000 for 35 months following the 36-month period to purchase the D building 253, located in Daejeon Seosung-gu C; and (c) agreed to complete the registration of the establishment of a neighboring mortgage with the said victim company as the creditor.

The Defendant provided the above vehicle as collateral without the consent of the victim company, a creditor company, on condition that the Defendant borrowed KRW 19 million to G at the same time, at the same place, at the same time, and concealed it as collateral, thereby hindering the victim from exercising the right

B. The lower court’s judgment: (a) the Defendant did not expect G to dispose of the vehicle to the so-called “large-type vehicle”; and (b) it is difficult to deem that G actually disposed of the vehicle as “large-type vehicle”; (c) the Defendant did not provide any documents necessary to transfer his/her own name to G; and (c) the Defendant followed the commitment to the repayment method of borrowed money with G and returned the vehicle.

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