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 October 10, 2013, the Defendant purchased one of the vehicles known to C at the agencies located in Gangnam-si, and paid the vehicle amount of KRW 26,400,000 from the victim Ith Capital Co., Ltd., and repaid the loan by means of equal repayment in the principle of 618,790 per month for 48 months. The Defendant completed the registration of establishment of a collateral-mortgage, the value of which is 20% of the vehicle value, and the value of which is 5,280,000 won, and the value of which is 20% of the vehicle value, as the mortgagee.

Since then, on September 2015, the Defendant received KRW 7,00,000 from a person who was in the name of the victim and sold the above vehicle, which is the object of the victim’s right, due to the financial difficulties due to the nonperformance of the business, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Loan specifications, the details of receipt of principal and interest of disposable discrimination, currency details, the original register of automobile registration, applications for vehicle register, application of subsidiary agreements to vehicles, and application of Acts and subordinate statutes on vehicles;

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

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

1. For the reason of sentencing under Article 62-2 of the Social Service Order Act, the victim’s scale of damage caused by the instant crime, the defendant was punished once by a fine, and other circumstances, such as the defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments of this case, shall be determined as ordered by a comprehensive consideration.