권리행사방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is established when the defendant purchased the vehicle of this case and borrowed 14,50,000 won from the bank of this case for the purpose of purchasing the vehicle of this case from the bank and established a mortgage on the vehicle of this case in the future, and thus obstructing the exercise of the right to the vehicle of this case by providing the vehicle of this case as security from the non-name credit service provider, so that the location of the above vehicle is unknown, and the crime of this case does not be less than that of the crime. The location of the vehicle of this case is not known until now, and there is no agreement with the victim bank, etc., which are disadvantageous or unfavorable to the defendant. Meanwhile, the defendant confessions the crime of this case and goes against depth, and all of the loan principles are repaid to the bank of this case; the defendant has no record of the same crime; the defendant has no record of the crime of this case and all other favorable circumstances such as the defendant's age, sex, occupation, occupation, circumstance and result of the crime of this case, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
[Judgment of the court below] The summary of facts constituting an offense and evidence is identical to the facts stated in the corresponding column of the court below's judgment and the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Penalty Penalty)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The order of provisional payment;