On March 15, 2016, the Defendant purchased DMW car from the Seoul Motor Vehicle Trading Complex located in Nam-gu Incheon Metropolitan City, and agreed to receive 30,000,000,000 won from the Seoul District Savings Bank to repay the principal and interest in installments for 48 months. As security for the above obligation, the Defendant set up a collateral security right of 30,000,000 won for the above obligation to the victim.

However, on October 2016, the Defendant requested E to dispose of the foregoing vehicle voluntarily, and received 5.8 million won and delivered the vehicle under the name of the advance payment.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of loan application, motor vehicle registration ledger (D), loan ledger-related Acts and subordinate statutes;

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] that interferes with the exercise of the right, the basic area (six months to one year) (no person who is subject to any special sentencing];

2. Determination of sentence: (a) considering the favorable circumstances, such as the fact that the victim suffered damage due to the instant crime, the fact that the victim has not been agreed, the fact that there was no record of punishment over six times, and the fact that there was a record of punishment for the same kind of crime, and the fact that it is against the defendant, etc.; (b) taking into account the favorable circumstances; and (c) taking into account all the factors of sentencing, such as the defendant’s age, sex behavior, environment, motive and circumstance of the crime