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(영문) 인천지방법원 2021.01.14 2019고정1113
권리행사방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the owner of Benz truck 25 tons.

The complainant Co., Ltd, extended a loan of KRW 5.7 million to the defendant for the purchase price of the above vehicle, and became a mortgagee of the above vehicle from October 29, 2015.

However, on October 29, 2015, the Defendant transferred the said vehicle to D and concealed it.

Accordingly, the defendant concealed his own property, which is the object of the complainant's right, and interfered with the complainant's exercise of right.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone proves that the defendant intentionally concealed the instant vehicle without reasonable doubt that the defendant intentionally concealed the instant vehicle.

It is insufficient to view.

① At the time when D appears as a witness in the court and lent the name of the loan to the Defendant, D said that “it would have caused the Defendant to have had no substance and only documents.”

Although the statement was made, on the other hand, there was a dump truck’s dump truck’s dump truck’s dump truck’s dump truck’s dumping from the Defendant’s name.

was stated.

D was tried for a fraud case against the defendant and found guilty, and the contents of D tried to purchase dump trucks with loans from the installment financial company.

If a loan is made in the name of the party, the principal and interest of the loan will be repaid, and if the principal and interest of the loan are overdue, there is no problem to deliver dump truck to the financial company that will carry out dump truck even if the principal and interest of the loan are overdue, and thus, the purchased truck will be sold, and the profit is expected to be paid by selling it, and the loan is obtained by receiving the amount of the loan corresponding to the loan.

.This content;

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