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(영문) 수원지방법원 성남지원 2019.09.19 2019고단146
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

1. On August 28, 2017, the Defendant: (a) purchased a vehicle CK9 car at an unspecified place; (b) decided to repay KRW 854,434 per month in the equal repayment method of principal and interest for 48 months to the victim B Co., Ltd.; (c) borrowed a total of KRW 29,400,000 won from the victim company; and (d) on September 8, 2017, a mortgage was created against the said vehicle owned by the Defendant under the victim’s name to pay KRW 14,70,000 per annum.

Nevertheless, the Defendant borrowed KRW 15 million from D at an infinite place on May 2018, and made it difficult to enforce the mortgage by allowing D to transfer the said car to D as a collateral and its location is unknown.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

2. Around January 17, 2018, the Defendant was granted a loan of KRW 13 million from the victim E Co., Ltd. to a non-permanent area (hereinafter referred to as the “victim E”) located in Busan Fridong, Busan, and a mortgage was created on January 18, 2018 with respect to the said car under the victim’s name as a security by offering it as a security for the Defendant’s CK9 car.

Nevertheless, on May 2018, the Defendant borrowed KRW 15 million from D and transferred the said car to another person as collateral, making it difficult for the Defendant to exercise the mortgage.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each complaint;

1. Application for a second or second second or higher debate, details of impossibility of delivery of automobiles, application of credit transaction agreement, register of automobiles, and credit comprehensive information inquiry law;

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

1.Article 40 of the Criminal Code of Trade and Trade.

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