권리행사방해
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
On October 24, 2017, the Defendant was sentenced to a suspended sentence of two years in October 10, 2017 due to a violation of the Electronic Financial Transactions Act at the Suwon Franchi, and the judgment became final and conclusive on November 1, 2017.
On June 14, 2017, the Defendant purchased CNS vehicles, and borrowed KRW 18 million from CNF Cop, Ltd. on the same day, and on the same day, 23,40,000 won was set up a mortgage against the victim.
After the above loan, the Defendant received KRW 7 million from a person who was unable to obtain his name (one name D) around June 2017 and transferred the above vehicle to the victim, thereby making it impossible for the victim to grasp the location of the above vehicle.
Accordingly, the defendant concealed the above vehicle owned by the defendant, which is the object of the victim's mortgage, and obstructed the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Complaint;
1. A copy of a loan transaction contract, a ledger of automobile registration, or a report not to deliver a motor vehicle;
1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the reason for sentencing under Article 39(1) is the confession of the defendant for the crime, the criminal records of the defendant, equity with the case where the defendant was adjudicated at the same time as the crime recorded in the previous conviction in the judgment, the amount of damage, and other conditions of sentencing under Article 51 of the Criminal Act, including the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, shall be determined as the sentence