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.
Criminal facts
In the process of purchasing one vehicle for the use of DB and C office located in Seocho-gu Seoul Metropolitan Government around November 2, 2015, the Defendant agreed to obtain 70 million won as the purchase price for the above vehicle from gone capital (ju), the Defendant himself/herself as the obligor of C, a representative of the Defendant, as the Defendant, at the office of another company (S) around 1703, around November 2, 2015. On November 4, 2016, the Defendant established a mortgage on the above vehicle with the obligee as the victim capital for the amount of 70 million won as the claim amount, and thus, the Defendant was obligated to keep the said vehicle properly in compliance with the purpose of the mortgage.
Nevertheless, on November 2015, the Defendant: (a) transferred the said vehicle to a person E for the purpose of financing the said vehicle; (b) was unable to identify the location of the said vehicle; (c) the Defendant concealed the property that became the object of the victim’s rights and interfered with the victim’s exercise of rights.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the protocol concerning the examination of the suspect against the defendant;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to an application for a motor vehicle registration ledger and a middle or high-class complaint;
1. Article 323 of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] [the basic area of punishment that interferes with the exercise of rights]: six months to one year [the person subject to special sentencing] did not [the sentence] [the decision of sentence] considering the circumstances of the crime in this case, degree of damage, recovery of damage and possibility of damage, and all kinds of sentencing conditions in the proceedings of the pleading in this case, including the defendant's age, sex behavior and criminal history, the defendant ordered the suspension of execution of imprisonment as ordered and ordered community service for a certain period of time.
It is so decided as per Disposition for the above reasons.