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(영문) 수원지방법원 2012.05.23 2012고단391
권리행사방해등
Text

A defendant shall be punished by imprisonment for three years.

4,500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2012 Highest 391] From August 2010 to February 2, 2011, the Defendant actually operated the F Co., Ltd. and the limited company G from February 201 to November 201, 201.

The Defendant, as an operator of the said three sirensa company, closed the vehicle intentionally, avoided the procedure of voluntary cancellation of registration, thereby making it impossible for the Defendant to exercise the rights of the victim by cancelling the mortgage of the victim on the vehicle without the debt, and making it impossible for the Defendant to exercise the rights of the victim by means of voluntary cancellation of registration ex officio from the government office, and by making it impossible for the Defendant to dispose of the vehicle to make profits by disposing of the vehicle to a third party, at the price increased by the amount of the mortgage secured by the cancelled mortgage claim, the “subfr” was disposed of by the “subfr owner” while the “subfr owner” occupied the vehicle, despite the possession of the vehicle.

The Defendant established, around August 17, 2010, the wife E and operated rent-a-car business with the registration of the car rental business as of October 1, 2010, the Defendant: (a) registered the transfer of the instant vehicle under the name of L limited liability company around December 10, 201 after intentionally closing the business around February 28, 201; (b) had the victim’s mortgage created on the said vehicle under the disposition of ex officio revocation from K viewing on May 23, 2011, and (c) had the said vehicle registered as a vehicle in the name of a third party around May 26, 2011.

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