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

On September 9, 2017, the Defendant: (a) purchased a B-Ad passenger car at a middle-class shop in which the trade name in Gwangju P-dong is unknown; (b) agreed to obtain a loan of KRW 36 million from the victim C Co., Ltd. on the condition that the maximum debt amount of KRW 18 million is set up for the said car; and (c) make a repayment of KRW 854,548 per month in equal amount of KRW 60 months.

Nevertheless, on December 2017, the Defendant received 2 million won from a person who was absent from his name, and made it difficult for the Defendant to exercise the mortgage by making his whereabouts unknown, thereby making it difficult for the Defendant to do so, and thereafter did not repay the agreed monthly loans to the victim from that time.

Accordingly, the defendant concealed his own property, which is the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement of the police interrogation of the accused concerning his/her legal statement;

1. Statement of complaint filed in D;

1. Written complaint, written agreement on customer consultation, inquiry meeting on loans, details of repayment of loans, scheduled guidance on expected loss of term interest, decision on commencing auction (see January 24, 2018), automobile delivery impossible protocol (see March 14, 2018), automobile delivery impossible protocol (see March 20, 2018), decision on commencing auction (see April 21, 2018), decision on commencing auction (see April 21, 2018), automobile delivery impossible protocol (see June 12, 2018), automobile delivery impossible protocol (see June 2018), automobile delivery impossible protocol (see June 20, 2018), register of automobiles (see June 20, 2018), and register of automobiles;

1. Investigation report (Attachment: Vehicle register) - Application of the register of automobiles Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [the decision of type] according to the sentencing guidelines for obstruction of another’s exercise of one’s right (the first type) and obstruction of another’s exercise of one’s right (a special person) - the mitigation element: the mitigation element (including a serious effort to recover damage): the mitigation area (the recommended area and the scope of recommendation), the mitigation area, the imprisonment of one month to eight months (the general person).