권리행사방해
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 February 12, 2014, the Defendant received a loan under the condition that the Defendant would pay 23,300,000 won from the injured party E (owner) for the period of 36 months in purchasing D's franchise and HG car in Busan B Complex, and established a mortgage on the said vehicle with the mortgagee's value 23,300,000 won on the same day.
On May 1, 2014, the Defendant offered the vehicle as collateral to F, which is a used car dealer, in the above C Complex, and the location of the vehicle could not be known.
Accordingly, the defendant concealed the vehicle of the defendant, which is the object of the victim's rights, and obstructed the victim's exercise of rights.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. G statements;
1. Application of partial certificates, examination marks, loan application form, and register of automobiles Acts and subordinate statutes;
1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. It is so decided as per Disposition, taking into account the following circumstances: (a) the remaining principal of the loan remaining after the reason for sentencing under Article 62(1) of the Criminal Act was 20,782,729 won; (b) the vehicle of this case was not recovered; (c) the previous conviction of the fine was only one time; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime were