권리행사방해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 24, 2013, the Defendant borrowed 22,30,000 won from the victim Hyundai Capital Co., Ltd. for 36 months on the condition that the principal and interest shall be equally divided and repaid in 903,239 won each month for 36 months in order to make payment of the purchase of the son car from B at the company of the company of the members of Ansan-si, the Defendant set up a mortgage on the said car for the purpose of the victim company with the bond value of 22,30,000 won.
Since then, the defendant paid 6 minutes of the installment principle and did not pay the remainder of the installment principle, on January 2014, the defendant borrowed 7 million won from the person who was absent from his name in the trade name in the Dong-gu, Ansan-si, Gyeonggi-do and offered and transferred the above car as security.
Accordingly, the defendant concealed goods that were the object of the mortgage of the victim company and obstructed the exercise of the rights of the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes to the head of a complaint and the ledger of automobile registration;
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 suspension of execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] that interferes with the exercise of the right, the basic area (six months to one year) (no person who is subject to any special sentencing];
2. Determination of sentence has not yet been restored, but the sentence shall be determined as ordered in consideration of the fact that the defendant acknowledges and reflects the error, the details and degree of damage, the criminal records of the defendant, etc.