권리행사방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 9, 2016, the Defendant purchased Cbenz car from “B” located in Gangseo-gu Seoul Metropolitan Government, and borrowed 40 million won from “B” Co., Ltd. with the funds to purchase the victim’s case, and on December 15, 2016, the Defendant established a mortgage on the claim value of KRW 40 million with the victim as the mortgagee on the said car.
At the end of March 2017, the Defendant borrowed 5 million won to the person who was dissatisfy in Yeonsu-gu Incheon Metropolitan City from the unsatisfym, and offered the said car as a security, thereby hindering the Defendant from exercising his rights by concealing the said car which was the object of the victim’s rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / 【Scope of Recommendation / interfere with Exercise of Right (Type 1) (No. 6 months - 1 year) / the basic area / 1 year / the circumstance and time of delinquency due to the high-class purchase (8/48 years / the period of delinquency) / the recovery of damage, the external appearance of the vehicle’s whereabouts or concealments, and the seriousness of secondary damage due to large-sized circulation belongs to disadvantageous circumstances.
Provided, That the necessity for the improvement of the secondary loan market, minor records, etc. shall be treated in a prudent society rather than in custody in the Hague.
The punishment for six months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for two years on condition that community service for the prevention of recidivism is provided.