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(영문) 대전지방법원 천안지원 2019.10.25 2018고단2711
권리행사방해
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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 26, 2015, the Defendant borrowed KRW 20,000,00 from the victim B to purchase CEX car at the instant coffee shop located in Asan-si, Asan-si, and set up a collateral security right with the secured amount of KRW 13,915,00 in the said car.

On October 2017, the Defendant took out a loan of KRW 1.2 million from a lender on his name in a non-fluence area at the time Asan City (hereinafter referred to as "Asan City") and offered it as security and delivered it to the Defendant, thereby interfering with the Defendant’s exercise of rights by concealing his goods which have become the object of another person’

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Written statements of D;

1. Application of an application for Oral collateral loan, an undertaking to perform the termination of the creation of an automobile collateral security, the details of claims/receiving, each motor vehicle register (A), (B), and the Acts and subordinate statutes governing non-delivery of motor vehicles;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act is not somewhat weak in light of the circumstances leading up to the instant crime and the amount of damage, etc. Meanwhile, the sentence as ordered shall be determined by taking into consideration the following circumstances: (a) the Defendant led to confession and reflect on the instant crime at the stage of prosecutorial investigation; (b) the Defendant committed the instant crime under the status of paying the principal and interest of KRW 9,912,760 in total on 16 occasions; and (c) the Defendant has no record of criminal punishment for the same or similar crime; and (d) the Defendant has no record

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