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

On June 22, 2011, the Defendant borrowed KRW 18,30,000 from the victim Hyundai Capital Co., Ltd. and agreed to provide the above vehicle as collateral for the purchase of the vehicle B at the company of the secondhand car in Daegu located in Daegu. On June 2, 2011, the Defendant created a mortgage on the bond price of KRW 18,30,000 on the above vehicle on June 24, 2011.

Nevertheless, on December 2, 2013, the Defendant sold and delivered the said vehicle to the influencer through the wife C through the influenced place in Daegu-gu, Daegu-gu, and prevented the victim from discovering the vehicle, thereby hindering the exercise of the mortgage by the victim.

Accordingly, the defendant, which was the object of the victim's rights, concealed the BO car owned by the defendant, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in D;

1. Investigation report ( telephone conversations with the former spouse C of the suspect);

1. Application of Acts and subordinate statutes of the Loan Application and the Motor Vehicle Registration Register;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the victim’s damage was not limited due to the instant crime, that is, the circumstances favorable to the fact that the damage was not properly recovered, that is, the circumstances may be considered when committing the instant crime due to living conditions, that is, there was no history of crime exceeding the same criminal history and fine, that is, there was an attitude to recognize and reflect mistake, and that is, the motive, means and result leading up to the instant crime, the circumstances after committing the instant crime, the age of the Defendant, sexual behavior, environment, etc. In addition, the punishment as set forth in the Disposition shall be determined by taking into account the following two factors: