On April 12, 2016, the Defendant borrowed KRW 20,000,00 from the Victim B Bank Co., Ltd. (hereinafter referred to as the “Defendant”) and offered as security a mortgage of KRW 20,000,000, the market price of the Defendant owned as to the Defendant’s low-income car at KRW 20,000.

Nevertheless, at around 15:00 on July 20, 2017, the Defendant borrowed KRW 5,000,000 from a borrowed business operator under his name in the parking lot located in Ulsan-gu, Ulsan-do and delivered the said franchise vehicle.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the loan transaction agreement, the register of automobiles statutes;

1. Article 323 of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Category 1 (Obstruction of Exercise of Rights, etc.) of the sentencing criteria (the scope of recommending a punishment): The basic area (6-1 year); and

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

The fact that the facts charged are recognized as favorable to the defendant, about 4 million won out of the secured debt of the mortgage until the time when the car is delivered to the lender, is not a significant amount of the secured debt of the ordinary mortgage against the defendant, and the fact that the car is delivered to the lender, after the delivery of the car to the lender, all of the secured debt has not been repaid, and that the car has escaped without the attendance of this case.