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Reasons
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(영문) 광주지방법원 2018.03.13 2018고단18
권리행사방해
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 4, 2013, the Defendant: (a) purchased B’s franchise and paid KRW 17,300,000 each month from the victim Hyundai Capital Co., Ltd. on condition that he/she would pay KRW 724,028 each month; and (b) set up a right to collateral security with respect to the said car at KRW 17,300,000 on condition that the obligee, the Defendant, the obligor, the obligor, and the claim value of the said car were KRW 17,30,000; and (c) on May 4, 2016, the Defendant acquired the right related to the collateral security from the damaged company.

On February 15, 2014, the Defendant offered the said car as security to the name-free lending business entity on the condition that 3.5 million won was loaned from the mutual influent lending business entity located in the Dong-dong-dong-dong-dong-gu, Gwangju, without paying the loan from around February 15, 2014.

After all, the defendant, which is the object of the right to collateral security of the victimized company, concealed the franchise and interfered with the exercise of rights by the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. An application, etc. for the table of examinations of the second class and of the second class loan;

1. Notice of transfer of claims and acceptance of entrustment;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [The reason for the sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on the Prevention, etc. of Exercise of Rights]: The basic field [the scope of the recommended sentence] [the scope of the recommendation] from six months to one year [the suspension of execution] - The reason for general consideration: A person who has

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