권리행사방해
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On April 8, 2013, the Defendant borrowed KRW 60 million from the victim Korean Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) on and around April 8, 2013 (hereinafter “victim Co., Ltd.”) and purchased B car trucks, and on around the 16th of the same month, established a mortgage on the claim value of KRW 60 million, which is the mortgagee of the victim Co., Ltd. on the above truck., the same year.
5. In the name of Jung-gu Incheon, Jung-gu and below, the above truck was sold to the purchaser of the above truck and then delivered to the purchaser of the above truck to 6.8 million won.
Accordingly, the defendant concealed the above truck which is the object of the victim company's rights, thereby hindering the exercise of rights by the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of the original register of motor vehicle registration, and Acts and subordinate statutes on loans;
1. Article 323 of the Criminal Act applicable to the crime;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.
- The nature of the crime of this case does not correspond to those of the victim, provided, however, that the defendant was fully agreed with the victim. - The defendant has no record of criminal punishment. - The defendant is against his mistake.