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(영문) 춘천지방법원 강릉지원 2016.06.09 2016고단305
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2012, the Defendant purchased a cruise car owned by the Defendant from the Victim KF Capital Co., Ltd. (former Social Co., Ltd.) and took out a loan of KRW 19,900,000,000. Around the 12th of the same month, the Defendant established a right to collateral security against the said vehicle as a person with the right to collateral security against the said obligation.

Despite the fact that the interest on the above vehicle loans and the principal amount of KRW 16,092,613 remain, the Defendant borrowed KRW 4 million from around January 2014 in the Ganwon-gun, the Ganwon-gun, in the vicinity of the Ganwon-gun casino, and delivered the said vehicle to the person who is not his name, as a security for the Defendant’s obligation.

Accordingly, the Defendant, as seen above, prevented the Defendant from becoming aware of the location of the cruise vehicle owned by the Defendant, which was the subject of the victim company’s rights, and obstructed the Defendant’s exercise of rights by concealing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The punishment shall be determined within the scope of the recommended sentence on the sentencing guidelines (two months - one year: obstruction of the exercise of rights, interference with the exercise of rights, interference with the exercise of rights, etc.), and the execution thereof shall be postponed, taking into account the following factors: (a) the first offender for sentencing under Article 62(1) of the Criminal Act; and (b) a person commits a crime while repaying loans over twenty times;

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