beta
부산지방법원 2019.10.23 2019고단2848

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 24, 2012, the Defendant purchased DK5 car at the “C” office located in the Busan High-gu Busan High-gu Busan High-gu Office, and borrowed KRW 28 million from the victim E Co., Ltd. and on January 2, 2013, around January 2, 2013, the Defendant created a mortgage on the claim value of KRW 28 million with respect to the said car to the victim Co., Ltd.

While the Defendant registered the said car in the name of the Defendant and owned and managed it, on June 2013, the Defendant: (a) transferred the said car to a lender under his name in front of the said “C” company; and (b) transferred the said car to a repayment of a loan amounting to KRW 6 million borrowed from the Defendant; and (c) caused his whereabouts to be unknown.

Accordingly, the defendant concealed his own property, which was the object of the victim company's right, and obstructed the victim company's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint and a statement of the F;

1. Application of a certified copy of the register of automobiles and examination table statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution and the same criminal records);