권리행사방해
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant purchased a arche car, borrowed KRW 15 million from the C Savings Bank, set up a mortgage on the said vehicle, and the said claim was transferred by the victim (owner)D.
On December 22, 2016, the Defendant: (a) at the office of a credit business office in the name of Geumcheon-gu, Seoul Special Metropolitan City on December 22, 2016, the Defendant: (b) borrowed KRW 4 million from a credit service provider, and (c) gave up ownership if the loan is unable to be repaid; and (d) transferred the possession of the said vehicle to make it unclear the location of the said vehicle.
Accordingly, the defendant concealed the above vehicle owned by the defendant, which is the object of the victim's mortgage.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a written complaint;
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended sentence according to the sentencing guidelines (a decision of a type) of obstruction of another’s exercise of rights, etc.: No one (a person with a special punishment) (a person with a special punishment) (a person with a special punishment) (the scope of a sentence of recommendation) shall be six months to one year
2. The defendant shall be punished by imprisonment with prison labor, considering the following circumstances: (a) although the defendant who was sentenced to a sentence of imprisonment borrowed KRW 15 million from a credit service provider as collateral and provided the instant vehicle with the instant vehicle with a loan of KRW 4 million in excess of the principal and interest repaid in installments only once, even though he/she was given a mortgage over the instant vehicle at the claim price; and (b) the defendant in arrears borrowed KRW 4 million from a credit service provider as collateral and distributed the instant vehicle; and (c) the principal and interest of loan in arrears
However, there are extenuating circumstances, such as the fact that the defendant was the first offender and the wrong, and that the defendant did not seem to have a purpose of distributing and disposing of the vehicle from the beginning, and that there was a condition of sentencing such as the defendant's age, character, behavior and environment.