권리행사방해
A defendant shall be punished by imprisonment for 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
[B] On September 6, 2012, the Defendant was sentenced to three years of imprisonment by the Gwangju District Court for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Residence) and the said judgment became final and conclusive on December 14, 2012.
[2] On December 15, 2010, the Defendant purchased Lone Star Co., Ltd. from the Hyundai Capital Co., Ltd., and received a loan from the victim, and set up a collateral security interest of KRW 19.6 million in the name of the victim on the said vehicle as security for the loan, at the modern car sales store located at a time below the end of 15,000,000,000 won.
Therefore, the Defendant had delivered the said vehicle to the account holder under the condition that the said vehicle, which was the object of the right to collateral security, was repaid in the amount of KRW 1.2 million out of the above loan around March 2011, although the Defendant had well been in custody.
Accordingly, the defendant concealed the vehicle owned by the defendant, which was the object of the victim's right, so that the location of the vehicle can not be confirmed.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement (in the form of questions and answers);
1. A complaint, a loan application, and a register of motor vehicle registration;
1. Previous relationship: A reply to inquiry, such as criminal history, summary information of the case, and application of the statutes governing each written judgment;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The fact that the scale of damage on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is small and the damage is not recovered, the fact that there is room to view it as an offense by negligence and intentional negligence, the fact that there is an agreement with the complainant who has taken over the defendant's claim against the defendant, the fact that there is a need to consider the equity with the case where the judgment is rendered concurrently with the crime of the first head of the crime that became final and conclusive after Article 37 of the Criminal Act, and the defendant's age, sex, environment, family relationship.