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.

On January 2, 2017, the Defendant entered into a loan agreement of KRW 12 million with the victim C Co., Ltd. (payment of KRW 275,178 per month between 36 months and 36 months) in the Busan B building, and offered as security a mortgage of KRW 12 million in the name of the victim on the Dbts E300 car owned by the Defendant.

Around February 2018, when the Defendant was urged to pay payment from the injured party due to the payment of installments, the Defendant received a loan of KRW 9 million to E from the unspecified land of Busan and then transferred the said car, the registration certificate, the certificate of personal seal in the name of the Defendant, and the documents related to the delivery of the vehicle on which the seal of the Defendant was affixed.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written confirmation of transaction details, credit information, car photographs, and the original register of automobile registration;

1. Application of Acts and subordinate statutes, such as a report on investigation (Evidence No. 15), motor vehicle registration certificate, and standard contract for loan transaction;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Type 1 (Obstruction of Exercise of Rights) basic area (from June to one year) (no person who has any special sentencing factors) shall interfere with the exercise of the right to recommend punishment on the sentencing guidelines;

2. According to the sentence, the Defendant arbitrarily disposes of the vehicle on which the right to collateral security was established and thereby interferes with the exercise of rights by the victim; the disadvantageous circumstances, such as the amount of loan, etc., that are disadvantageous to the Defendant, in light of the amount of loan, etc., the liability for the crime is not easy; that the Defendant recognized the crime of this case, and that the Defendant divided the wrong facts into the crime of this case; and that the Defendant is the primary offender, taking into account all favorable circumstances, such as the record of this case and all other sentencing conditions