권리행사방해
Defendant shall be punished by a fine for negligence in KRW 7,000,000 (locks only).
When the defendant does not pay a fine, 10,000 won shall be one day.
Punishment of the crime
On March 8, 2013, the Defendant, as the representative of Kimpo-si Co., Ltd. D, in Kimpo-si, purchased E Mine C C-dop click (2 tons) at a non-place on March 8, 2013, and was given a loan of KRW 110 million to the purchase fund of the vehicle by the victim Non-B as to the vehicle as security on the same day, and created a mortgage on the claim amounting to KRW 833 million with the victim as the mortgagee on the same day, and subsequently, established a mortgage on the claim amounting to KRW 23,464,746 million from April 14, 2013 to December 20, 2013, the Defendant paid the principal and interest of KRW 23,464,746 only once.
Therefore, even though the Defendant is required to keep the mortgaged vehicle well, the Defendant concealed the vehicle in an irregular way at the D office around February to March, 2014.
Accordingly, the defendant concealed the vehicle that is the object of the victim's rights so that the location of the vehicle can not be confirmed, and obstructed the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. An application for a debate on automobile, details of request for payment of installments, original register of automobile registration, notice of loss of term interest, protocol of automobile delivery impossible, and business registration certificate;
1. Application of the Act and subordinate statutes at the time of investigation report (to hear statements from a witness G phone);
1. Article 323 of the Criminal Act applicable to the crime. Article 323 of the same Act (Selection of a fine due to any circumstance to consider the motive for the crime that was committed in the absence of compensation for damage, or in the absence of compensation for damage, or in the late and aftermath of it, and the difficulty of the project
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;