A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On September 24, 2015, the Defendant: (a) registered the establishment of a collateral security with the mortgagee C Co., Ltd.; (b) secured claim 7,500,000 won; (c) obtained a collateral security loan from the victim on condition that the mortgagee would recover KRW 389,656 each month during 48 months; and (d) Company D was transferred all of the above collateral security claim and all of all the incidental rights from the victim.

Since December 2017, the Defendant was unable to repay the principal and interest of the loan and concealed the vehicle by delivering the said vehicle to the person who was not the name of the Defendant and making it impossible to identify the present location of the vehicle.

Accordingly, the defendant concealed his own property, which was the object of the victim's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the asset acquisition agreement, notification of the transfer and acquisition of credit information, credit information transfer official document, content certification, deposit statement, application for middle or misleading, agreement on middle or misleading, and each of the motor vehicle register Acts and subordinate statutes;

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 grounds for sentencing)

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. The sentence shall be imposed as ordered by comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the instant records and the trial process.