권리행사방해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who actually operates D(Representative E) Co., Ltd. (Representative Director E), which is located in Gyeyang-gu Seoul Metropolitan Government Ctel 1008.
On June 23, 201, the Defendant: (a) purchased 14,400,000 Won from the “G” used vehicle sales store located in Yongsan-gu, Yongsan-gu; (b) around 201, the Defendant borrowed 14,400,000 won from the victim Aju Capital Co., Ltd. to pay for the purchase price; (c) around June 27, 201, the Defendant set up a collateral security on the said vehicle as collateral with the mortgagee Aju Capital Co., Ltd., the claim value of KRW 14,40,000,000.
Nevertheless, the Defendant borrowed 4 million won from J through I on October 201, and the location of the vehicle was unclear by transferring the vehicle as security.
Accordingly, the defendant concealed the passenger car, which is the object of the victim's right, so that the location of the car can not be confirmed, thereby hindering the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect E by the prosecution;
1. A report on investigation (report on confirmation, such as ascertaining the location of a vehicle);
1. The police statement of K;
1. An automobile loan agreement;
1. Automobile register;
1. Order to deliver an automobile prior to a request for auction;
1. Application of Acts and subordinate statutes on car delivery records;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act is the confession of the defendant, the fact that the defendant has repaid his/her loans in good faith for nine months after the loan, the fact that his/her debts have been repaid to the victim and his/her debts have been terminated, the fact that there is no criminal records exceeding the same kind of criminal records and fines, and other punishment shall be determined as ordered in consideration of the age, character and conduct, environment, motive, means and consequence of the