However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

On September 5, 2014, the Defendant purchased DNA car from the Defendant’s house at around 5, 205, 2801, the Defendant obtained a loan of KRW 29,400,000 from the Defendant’s Hyundai Capital (ju) for a period of 60 months on the condition that it shall be repaid in installments each month for 594,270, and established a mortgage on the said car with the obligee around November 10, 2014.

Defendant used the foregoing car that became the object of the victim’s mortgage until the full payment of the above installment amount, and did not interfere with the exercise of the victim’s security right. However, around April 10, 2015, the Defendant obstructed the victim’s exercise of rights by delivering the said car car to the bond company E and concealing the said car at a non-commercial area of the Guro-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around April 10, 2015 with the payment made six installments from March 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A supplementary statement of the F’s criminal complaint;

1. Application of the new installment plan, certified copy of the automobile registration ledger (A), and application of the Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the reduced area (one month to eight months) (including a person subject to special mitigation] that is not subject to punishment (including a serious effort to recover damage);

2. Although there are considerable substantial damage to an complainant due to the instant crime, considering favorable circumstances, such as the recognition of the instant crime and the Defendant’s mistake against the Defendant, the primary offender who has no record of any particular criminal punishment up to now, the partial repayment of the loan and the expression by the complainant of his/her intent to withdraw the complaint by agreement with the complainant, and other circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc.