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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 14, 2013, the Defendant concluded to pay the principal and interest every month from April 1, 2013 to March 36, 2013, the Defendant purchased B’s low-priced passenger cars at KRW 22,600,000, and paid the interest at KRW 27.4.0% per annum from “the Defendant’s Hyundai Capital Co., Ltd.”, and made a mortgage on the said passenger car at KRW 22,60,000, with the payment of the principal and interest every month from April 1, 2013. In order to secure the loan obligation, the Defendant agreed to pay the creditor of the said passenger car in installments in order to secure the loan obligation, and the bond value at KRW 22,60,000,00.
However, on June 2013, the Defendant offered the said car as security at the Sejong Metropolitan City apartment parking lot located in 7-gil-ro 47, Seocheon-gu, Daegu, Seocheon-gu, 2013, by borrowing three million won from the person who was absent the name of the bond manager. On August 1, 2013, the Defendant had the bond manager sell the said car to the person who was absent the name, but did not inform the victim company of the location of the said car, and did not receive any contact, thereby preventing the victim company from executing the mortgage.
Accordingly, the defendant concealed the defendant's car which was the object of another person's right and interfered with the victim's exercise of the right to the car.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. The register of automobile registration, including a complaint, an examination slip, a written application for heavy loan, a notification of transfer of claims and acceptance of claims, certification of details thereof, details of dispatch of notices, sales certificate, etc.;
1. To apply a report of investigation (to ascertain and investigate the location of B Vehicle);
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant provided the instant vehicle as security to the bond company with the payment of only three times of total 36 installments. Since then, the victim's damage was not completely recovered.