권리행사방해
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 18, 2014, the Defendant borrowed the purchase fund from the victim U.S. Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) in the name of D non-MW x5 car in the name of (ju) C, the Defendant, a representative of the Defendant, and set up a mortgage on the claim amounting to KRW 7,3360,00 as the mortgagee for the said vehicle as security for the said obligation.
However, around March 3, 2015, the Defendant: (a) borrowed KRW 10 million from F from the Defendant Company located in Namyang-si, Namyang-si; (b) concealed the vehicle as security so that the location of the said vehicle, which was the object of the right of the victimized Company, could not be confirmed; and (c) obstructed the Defendant’s exercise of the right to the victimized Company.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and F;
1. Application of Acts and subordinate statutes, such as the register of automobiles, applications for installment financing contracts, documents to be submitted by the defendant, etc., terms and conditions of the contract, copies of certificates of termination of the contract, etc.;
1. Relevant provisions of the Criminal Act and Article 323 of the Criminal Act concerning the facts of crime;
1. The reason for sentencing [the range of recommending punishment] under Article 62(1)(hereinafter referred to as the following conditions] of the Act on the Suspension of Execution, Article 62(1)(a) of the Act on the Suspension of Exercise of Rights and Interests (the scope of recommending punishment] (a person with a special mitigation in January to August), the area of mitigation (a person with a special mitigation) (a
Under the agreement with the damaged company, the defendant's wife is desired.
Until now, there is no past history of criminal punishment.
Other conditions of sentencing, such as Defendant’s age, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as per the disposition.