권리행사방해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
On November 30, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Daejeon District Court for fraud, and on December 8, 2015, the said judgment became final and conclusive on August 31, 2017, and was sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court for fraud, and the said judgment became final and conclusive on September 6, 2017.
Criminal facts
A representative director D, around February 15, 2013, borrowed KRW 60,600,000 as a vehicle purchase fund from the victim MW car Co., Ltd., and the victim set up a mortgage on the said vehicle (the bond value of KRW 60,600,000) with D. The Defendant, along with D, signed and sealed the said agreement as a joint guarantor, and received the said vehicle from D as the representative director of C around May 31, 2013.
Around August 2013, Defendant was well aware that the mortgage was established on the said car as a creditor, and he received KRW 25,000,000 from the nameless loaner in the coffee shop near Gangnam-gu Seoul, Gangnam-gu, Seoul, and delivered the said car to the said lender as a collateral.
Accordingly, the defendant concealed his own property, which is 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. A protocol concerning the examination of the accused by the prosecution (including the part concerning the F statement);
1. Copy of the protocol concerning suspect examination of D; and
1. Each police statement concerning G and F;
1. Assets sale contract, etc., the motor vehicle registration ledger, the application form for motor vehicle register, etc. (Evidence List 7), and judgment text, etc. (Evidence List 9);
1. A criminal investigation report (cases concerning the currency and the contents of statements with reference witness H);
1. Previouss before and after the judgment: Each of the court rulings (the evidence list Nos. 15,17), search of the Supreme Court Na case (the evidence list No. 18), investigation reports (the confirmation of concurrent crimes after Article 37 of the Criminal Act), the status of personal inquiry about summary of the judgment case (the evidence list No. 22), and the status of personal inquiry about summary of the case