권리행사방해
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 18, 2012, the Defendant purchased C24 tons truck, and took out 35,000,000 won from the victim Ariju Capital (the agreement to pay 1,228,760 won per month for 36 months), and on July 6, 2012, set up a mortgage on the above vehicle as a mortgagee.
On November 7, 2013, the Defendant: (a) transferred the said truck to the 4.5 million won on the street around the Seocheon-gu Incheon Metropolitan City, Seo-gu, Incheon; (b) thereby concealing the truck owned by the Defendant, which was the object of the mortgage of the victim; and (c) interfered with the victim’s exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes, including a petition for complaint, a written application for the registration of the issuer of a contract, the details of receipt of principal and interest of multiple discrimination, a written decision on the auction of construction machinery, a protocol of non-delivery of motor vehicles, and the register of construction machinery
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Although an agreement has not been reached until the date of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined in consideration of the Defendant’s age, character and conduct, environment, etc., and other conditions of sentencing prescribed in Article 51 of the Criminal Act.
It is so decided as per Disposition for the above reasons.