권리행사방해
A defendant shall be punished by imprisonment for six 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 November 9, 2019, the Defendant borrowed KRW 34 million from the Victim B Co., Ltd. (36 months written in the indictment of 60 months are considered as simple clerical error, and thus, the Defendant decided to pay the principal and interest of KRW 898,900 per month between correction and correction ex officio) on November 11, 2019, which is owned by the Defendant, set up a mortgage on the claim value at KRW 23.8 million on the CK7 car, which is owned by the Defendant, as the victim, the obligor, and the mortgagee as the Defendant.
On February 14, 2020, the Defendant transferred the Defendant’s above car, which is the object of the victim’s mortgage, to a credit service provider on his name under the pretext of security, and received cash of five million won at that place.
(The Defendant paid the principal and interest up to twice. The remainder principal of the obligation is KRW 33,324,309). Accordingly, the Defendant concealed the said car in such a way as to make it impossible for the victim to grasp the location of the said car, thereby hindering the victim’s exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to certificates of partial matters to be registered in the complaint, erroneous installment contract, mortgage contract document, deposit and withdrawal contract, register of automobiles, details of receipt of vehicle discrimination, report on non-delivery of automobiles, and investigation report on the next occasion; and
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the facts constituting an offense;
1. Article 62(1) of the Criminal Act on the suspended sentence (the scope of the sentencing guidelines is from 6 months to 1 year. The confession of and reflects on the crime. There was no particular power to impose any specific punishment. The circumstances leading to the instant crime, the amount of damage, etc. shall be taken into account);