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

On June 29, 2012, the Defendant: (a) purchased more than 563-1 Co., Ltd. at the business office of the Aicheon-gu, Seoul Metropolitan Government on an Aicheon-dong Co., Ltd.; (b) agreed to obtain a loan of KRW 40,80,000 and to pay the principal and interest of the said car every 60 months by paying the principal and interest of KRW 904,480 on a monthly basis; and (c) set up a mortgage on the said car as the mortgagee by the victim company.

Nevertheless, around July 18, 2014, the Defendant borrowed KRW 13,00,00 from D, which is located in Seo-gu Daejeon, and provided as security the above passenger car owned by the Defendant, and the Defendant given up all rights to the passenger car and consented to the transfer of the passenger car with the claim to a third party when the Defendant is unable to repay the principal and interest of the loan by September 17, 2014.

Accordingly, the defendant has obstructed the exercise of rights of the victim company by concealing his own car, which is the object of the mortgage of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (the statement of telephone conversations of a D loan personnel), investigation report (the maintenance of legal measures and the attachment of a written confirmation), investigation report (the attachment of a written agreement clause to be attached) and investigation report (the report on the delivery of halogaCC by the party party to the D lending enterprise);

1. Application of the Acts and subordinate statutes concerning a copy of loan contract, copy of loan agreement, register of automobiles and protocol of nondelivery of automobiles;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Application of the sentencing criteria [a] Obstruction of Exercise of Rights, Obstruction of Exercise of Rights, and Obstruction of Exercise of Rights (Obstruction of Rights) shall be applied (a person with a special punishment).