권리행사방해
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On August 12, 2014, the Defendant purchased 31,920,00 won for B QM5 car at the Chuncheon point of Gangwon-si 190 Manosung Motor Vehicle from Gangwon-do, Gangwon-do, 190, and received a loan of 31,400,000 won from a social service Korea Co., Ltd., Ltd., the victim Alpha alpha alpha alpha alpha alpha alpha alpha alpha alpha alpha alpha alpha alpha alpha al, and paid it as the price for the said vehicle under the equal condition with the interest rate of 6.5% per annum.
Nevertheless, around December 5, 2014, the Defendant provided the above vehicle as security by borrowing KRW 10 million to the bond company C in the vicinity of the branch office of the Korean Racing Association, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and became missing.
Accordingly, the defendant concealed the above vehicle which is the object of the victim's mortgage and obstructed the victim's exercise of mortgage.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Reporting on investigation (to hear statements by a complainant or his/her agent);
1. A complaint filed by E;
1. Automobile register;
1. Application of Acts and subordinate statutes on installment financing agreements;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the reasons for sentencing selective to imprisonment;
1. The scope of applicable sentences under law: Imprisonment for one month to five years; and
2. The scope of recommendation [the scope of recommendation] according to the sentencing criteria shall be limited to the category 1 (Obstruction of Exercise of Rights) and the basic area (one year to six months of imprisonment).
3. The defendant's decision of sentence is divided and reflected in his criminal act; the defendant has obtained a loan from the victim and provided the above vehicle as security to the bond company for four months and four months, not recovered from damage; the victim wanted to punish the defendant; the defendant's age, family relationship, and tendency.