권리행사방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On October 26, 2012, the Defendant borrowed KRW 25 million from the second Capital Co., Ltd., Ltd., the Defendant agreed to pay KRW 922,750 each month in installments for 36 months and agreed to set up a collateral security on the victim’s C digging machines owned by the Defendant.
On October 10, 2013, the Defendant: (a) received a decision of voluntary commencement of auction of construction machinery with regard to the above sowing machine from the Hongsung branch of the Daejeon District Court on the ground of the failure to repay the above borrowed money; and (b) requested the damaged person to return the above digging machine on several occasions; (c) however, the Defendant kept the above digging machine at the landscaping site located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, without returning it to the injured person; and (d) concealed the damaged person from being aware of the location of the above digging machine.
In this respect, the defendant concealed the above excavation equipment which is the object of the victim's rights, thereby hindering the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A decision;
1. Application of the photographic Acts and subordinate statutes;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is against the defendant and the damaged person does not want