권리행사방해
A defendant shall be punished by imprisonment for four 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 June 11, 2012, the Defendant: (a) purchased the 1st of DST5 passenger cars C’s car at Mano Samsung Motor C’s agency located in B; (b) agreed to obtain a loan of KRW 25,400,000 from Korea Co., Ltd., Ltd., for the payment of interest (6.9% per annum) between 60 months; and (c) set up a mortgage on KRW 12,700,000 out of the loan on a passenger car.
From July 5, 2012 to 18 times, the Defendant repaid the principal and interest of KRW 9,056,540, and did not repay the principal and interest of KRW 18,686,914 for the remaining principal and interest of KRW 18,68,914 for the loan to the lender's operator who was granted a loan of KRW 5,00,000 to the loan company's office where it is difficult to know the trade name near the bus terminal in the south-gu, Jung-gu at the port of port on February 5, 2014.
Accordingly, the defendant concealed the defendant's goods, which were the object of the victim's right, and obstructed the victim's exercise of right.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of Acts and subordinate statutes to installment financing and loan agreements, the motor vehicle registration ledger, the current status of deposits in comparison with redemption, and each copy of a document verifying details thereof;
1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 323 of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommending punishment] and the reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommending punishment] does not exist in the basic area [the person who has been sentenced to special sentencing] [the person who has been sentenced to imprisonment for six months or one year] [the person who has been sentenced to special sentencing] [the sentence]: the amount of damage is not significant; the circumstances in which the victim agreed with or did not repay the damage occurred: the economic situation was difficult when the defendant paid a considerable installment, which led to the crime of this case; the recognition of the crime and reflects the mistake; and there is no record of punishment exceeding the fine, other than the above circumstances.