권리행사방해
A defendant shall be punished by imprisonment with prison labor for four 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 September 11, 2017, the Defendant: (a) purchased a used vehicle B in Busan, Busan, and (b) borrowed 24 million won from the victim DF Capital (ju) as a fund for vehicle purchase; and (c) set up a mortgage on the said vehicle as a collateral for the above loan obligation around the 13th of the same month with the maximum amount of the bonds as KRW 12 million on the said vehicle; and (d) the bond holder as the KF Capital.
On September 2017, the Defendant continued to transfer the said car to a person without a name (hereinafter referred to as "D") by a collateral for the obligation.
Accordingly, the defendant concealed the above car and interfered with the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to the head of a complaint, a consultation on arrears, a written decision, a repayment of principal and interest, a motor vehicle registration ledger, a credit management register, a report on investigation (E), an investigation report (a loan agreement) and an investigation report (a loan agreement);
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing takes into account) is that the instant crime concealed a passenger car with a maximum amount of KRW 12 million, which is set up a right to collateral security, and the crime is disadvantageous to the nature of the crime.
However, it is favorable for the defendant to recognize the facts charged and reflect it, the fact that the defendant has agreed smoothly with the victim, and the defendant has no criminal record exceeding the same criminal record or fine.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - Interference with Exercise of Rights: Group of Crimes Interfering with Exercise of Rights, Interference with Exercise of Rights, etc., Category 1 (Obstruction of Exercise of Rights)