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 March 26, 2013, the Defendant purchased D Car with D Kani in the automobile trading complex located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and received a loan from the victim Aju Capital Co., Ltd. to KRW 15,000,000 of the purchase price, and set up a right to collateral security of KRW 10,50,000 for the above automobile as security for the above obligation on the same day.

Therefore, the Defendant sold the said vehicle to the needy in KRW 3,00,000 while he/she repaid only KRW 2,513,717 out of the above loan around August 2013, even though he/she had well preserved the said vehicle which was the object of the mortgage as above.

Accordingly, the Defendant concealed the vehicle owned by the Defendant, which was the subject of the victim’s right, so that the location of the said vehicle can not be confirmed, and obstructed the victim’s exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on an application to be filed, the details of receipt of principal and interest on disposable discrimination, the original register of automobile registration, and a protocol not delivered for automobiles;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (Obstruction of Exercise of Rights) of the basic area (from June to one year) of the sentencing criteria;

2. In light of the favorable circumstances, such as the failure to recover damage caused by the determination of the sentence and the failure to agree with the victim company, the punishment as ordered shall be determined by taking into account the favorable factors, such as the absence of any record of punishment after 2002, and other factors of sentencing under Article 51 of the Criminal Act.