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 October 22, 2015, the Defendant obtained a loan on the condition that the Defendant would pay interest of KRW 10 million on every month from the Defendant’s showers Co., Ltd. at the registration office of the vehicle at the time of the Jeonjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, which is located in 6, the Seoul Special Metropolitan City. On October 22, 2015, the Defendant registered the establishment of a mortgage on the said vehicle with the amount of KRW 15 million at the expense of the mortgagee, the victim, and the amount of the credit.

After that, on July 10, 2016, the Defendant provided the said car as a collateral for KRW 7 million from a loan company with the trade name “E” located in Geumcheon-gu, Seoul Special Metropolitan City on July 10, 2016.

Accordingly, the defendant concealed the passenger car owned by the defendant, which is the object of the victim's mortgage, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to accusation, standard contract for loan transaction, ledger of automobile registration, standard terms and conditions for loan transaction, certified copy of corporate registry, certificate of seal imprint, and certificate of loan business registration;

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 ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of a recommended punishment on the sentencing guidelines [the types of decisions] that prevent the exercise of the right, which is set forth in the sentencing guidelines, and there is no one type [the scope of a recommended punishment] (the exercise of the right to prevent any person from exercising the right] (the scope of a recommended punishment

3. Determination of sentence: 6 months of imprisonment with prison labor and 1 year of suspended sentence provided the instant car, which is the object of the victim’s security interest, to E again, and the Defendant appears to have distributed the instant car as “large-to-large vehicle” in fact because F, who is the Defendant’s seat, failed to repay the instant money to E; and Defendant was sentenced to one year of suspended sentence on November 26, 2015 to six months of suspended sentence and was sentenced to one year of suspended sentence and committed the instant crime during the suspended sentence period (2015 order 1594, this case’s order).