On April 27, 2016, the Defendant purchased one truck of 207,90,000 won for the above vehicle from the victim Matts Capital Co., Ltd. at around 303, Busan Northern apartment Co., Ltd. at around 2016, and established a mortgage on the maximum amount of 207,90,000 won for the same day.

From February 2017, the Defendant delayed the repayment of the above loan, and received demands from the police officer injured by the middle 2017 for reimbursement and delivery of the above truck. On October 2017, the Defendant issued documents necessary for the said truck, the keys, and the name transfer to E, a credit service provider, in front of the Defendant’s residence, as collateral.

Accordingly, the defendant concealed the above truck, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of E;

1. Statement made by the police with regard to F;

1. Application for a motor vehicle financial product, an agreement to be discussed, etc., details of deposits for the purchase of new vehicles and construction, details of calculation of the amount of redemption in the middle, and application of Acts and subordinate statutes of the register of construction machinery;

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. Type 1 (Obstruction of Exercise of Rights) basic area (from June to one year) (any person who has no special sentencing factors) shall prevent the exercise of the right to recommend punishment according to the sentencing guidelines;

2. The defendant who was sentenced to criminal punishment of this case has obstructed the exercise of the victim's security right by committing the crime of this case, the amount of damage exceeds 190 million won, and the defendant has not agreed with the victim and has made a serious effort to recover damage;

In light of the fact that there is no evidence, it is inevitable to punish the defendant with severe punishment corresponding to his criminal liability.

However, the circumstances are favorable to the defendant, such as the fact that the defendant shows the attitude to recognize and reflect the crime, and there is no record of punishment exceeding the same criminal record or fine.