권리행사방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On June 18, 2016, the Defendant purchased a DN car at the C Office located at the window B of Changwon-si, and entered into an automobile installment contract with the victim AF Savings Bank and the agreement of KRW 21,00,000, autonomous 17.9% of the overdue interest rate, KRW 27.9% of the overdue interest rate, period 27.9% of the overdue interest rate, KRW 36 months, bond value of KRW 21,00,000, and KRW 21,000 of the bond value, and registered as the owner of the said car under the name of the Defendant on June 20, 2016. On June 22, 2016, the Defendant registered the establishment of a collateral security right under the victim’s name as the content of the said agreement.
Nevertheless, on January 24, 2017, the defendant paid 50,000 out of the above loan agreement and delayed payment and requested the payment of the loan and the return of the said car, but refused it and concealed it by means of not returning the said car.
Accordingly, the defendant concealed the objects of the victim's rights, thereby hindering the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A complaint (AF Savings Bank -A);
1. A copy of the agreement for application for discussion on cases in which case the case is applied, copy or abstract of the motor vehicle registration ledger (A), copy of the computerized data of credit management team, copy of inquiry of the head of a general fund loan, notice of expected loss of time limit, notice of scheduled commencement of legal procedures, and application of Acts and subordinate statutes of postal service
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing [the scope of recommended punishment] are as follows: (a) the mitigation area (one month to eight months) [the person who is specially mitigated] [including efforts to recover damage] the defendant's decision] recognition of the crime of this case; (b) the victim under the agreement with the victim does not want the punishment against the defendant; and (c) the victim does not want the punishment against the defendant; (d) the scope of recommendation under the sentencing guidelines, the criminal records, age, sexual behavior, environment, motive and circumstance of the crime.