권리행사방해
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[criminal records] On March 29, 2017, the Defendant was sentenced to a suspended sentence of two years in October, 201 to imprisonment with prison labor, which was committed by the Gangnam District Court branch branch, and the judgment became final and conclusive on April 6, 2017.
[2] On June 16, 2015, the Defendant obtained a loan under the condition that the injured party shall pay 28.2 million won at the annual interest rate of 5.9% per annum to 60 months from the injured party when purchasing E horse vehicles at D agencies located in Gangseo-si, Gangseo-si, and created a mortgage on the above vehicle with the maximum amount of 14.1 million won against the victim on June 23, 2015.
Nevertheless, on November 2015, the Defendant borrowed KRW 7 million from a person who was in the name of the deceased, and opened the said vehicle as security, and paid only the principal and interest up to 11 times around August 2, 2016, and did not pay at all the principal and interest from 12 times on August 2, 2016, and thus, the Defendant requested the Defendant to deliver the vehicle for the execution of the mortgage.
The installment payment will be made.
“The victim’s exercise of rights was obstructed by concealing the said vehicle’s location, such as not informing the victim of the location of the said vehicle in a way that would avoid contact.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Details of receipt of principal and interest on complaint, loan statement, application for a new debate on error in the future, the register of automobile registration (E), and the register of multiple discrimination;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes provided that the Defendant, on the grounds of sentencing Article 39(1) of the Criminal Act, has not long purchased the vehicle, leading to the instant crime, and did not completely recover from damage.
Therefore, the sentence of imprisonment is inevitable on the defendant.
In light of the above circumstances, the defendant's support for a university-born child, the amount of damage, the criminal records of the defendant, etc. shall be determined as per Disposition.