권리행사방해
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 17, 2014, the Defendant borrowed KRW 927,040 for the first month when purchasing DNAS car, KRW 895,497 for each month, KRW 27,000 for each month, and KRW 27,00,00 from the victim E Co., Ltd. on condition that the Defendant paid for 36 months in total, and set up a mortgage on the said car as security for the said obligation to the said victim with the claim amounting to KRW 13,50,000 for the said obligation and KRW 13,50,000 for the said obligation.
around the end of 2015, the Defendant continuously borrowed approximately KRW 5 million from the person who was killed in the name (F) in the French Military Service (hereinafter referred to as the “F”), provided the said car as security, and delivered it at will, thereby making it impossible to locate the said car.
Accordingly, the defendant concealed a passenger car which is the object of the victim's right and interfered with the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the G’s written contract, register of automobiles, and Acts and subordinate statutes governing car delivery records;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. It appears that the reason for sentencing under Article 62(1) of the Criminal Act is recognized and reflected in the suspended sentence, and the above company does not want the punishment of the defendant by partially repaying its obligation to H stock companies which have acquired claims from the victim, and the above company does not want the punishment of the defendant, the defendant's age, character and conduct, environment, relationship with the victim, motive and means of the crime, the consequences and results of the crime, and other circumstances that are the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, shall be determined as ordered by taking