권리행사방해
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 8, 2013, the Defendant borrowed KRW 35.6 million from the victim Hyundai Capital Co., Ltd. in order to purchase Eknices at the modern car D agency located in Gangdong-gu Seoul Metropolitan Government, and agreed to pay monthly installments for 60 months, and set up a mortgage on October 14, 2013 as a collateral for the above loans, on which the Defendant set up a mortgage on the said car as a mortgagee.
Nevertheless, around September 22, 2014, the Defendant transferred 8 million won of vehicle sales from a person in unsound name-based, Gangdong-gu, Seoul, to the national bank account (F) in the name of the Defendant, who became aware of on the Internet in front of the road in front of the 359 upper-dong, Gangdong-gu, Seoul, to his seal imprint certificate, his car registration certificate, and the car issuance certificate.
Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of the new installment plan and the Acts and subordinate statutes of each ledger of automobile registration;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentencing] [the decision of sentence] of the defendant led to the confession of the facts charged in the instant case, and the defendant has no particular criminal record in addition to the fine, the victim's age, environment, sex behavior, motive of the crime, circumstances after the crime, etc., shall be determined as ordered in consideration of all the various circumstances, which are the sentencing conditions specified in the pleadings in the instant case, including the degree of damage to the victim, the victim's age, environment, sexual behavior, motive of the crime, and circumstances