권리행사방해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 8, 2013, the Defendant purchased a second stalker C in French land, and received a loan of KRW 44 million from the victim Yangyang Life Insurance Co., Ltd., and made an installment of KRW 1,222,324 every month for 48 months, and around the 21st day of the same month, the Defendant created a mortgage on the amount of KRW 44 million in the claim value in the name of the damaged company in the above stalker season.
Nevertheless, the Defendant paid only KRW 5,127,043,00 in installments, and around January 2015, the Defendant sold and delivered the 15,000,000 won to the “G” through the F, which managed the 15,000,000 won of the above clater at E located in the west-gun of the former North Korea, to find out the location of the clater.
Accordingly, the defendant concealed his own property which was the object of the mortgage of the victimized company, thereby hindering the exercise of the rights of the victimized company.
Summary of Evidence
1. Loan application/agreement, copy of identification card, each certificate of personal seal impression, resident registration card, receipt details, and deposit details of the Defendant’s legal statement 1.H and F, the highest letter of order for delivery of construction machinery before applying for auction, each construction machinery register, receipt certificate, a certified copy of the resident registration card, and a certified copy of the corporate registration statement of 1.H and F (Attachment to Chapter 4 of the results of transfer), and the application of 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 (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: One month to five years; and
2. The Defendant, who has rendered a sentence of sentence, sold the softener which was the object of the mortgage of the victimized company and left the place where it is difficult to detect its location, causing considerable damage to the victimized company, but the damage has not yet been restored to the present. The Defendant led to the confession of the instant crime.