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

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

Punishment of the crime

[Criminal Justice] On April 17, 2019, the Defendant appealed with one year’s imprisonment for a crime of fraud in the Suwon District Court’s Ansan Branch. However, on July 12, 2019, the appeal was dismissed by the Suwon District Court and the said judgment became final and conclusive on July 20, 2019.

【Criminal Facts】

On May 8, 2018, the Defendant agreed to obtain a loan of KRW 18 million from the Victim B Co., Ltd. on a condition of 48 months for repayment. In order to provide the said loan as a security for the said loan, the Defendant set up a right to collateral security against the said vehicle with the maximum debt amount of KRW 9 million against the victim.

After October 2018, the Defendant borrowed 3 million won from the person who was unaware of his name at a place where it is impossible to know the location of the vehicle to the person who was unaware of the name, and transferred the vehicle as a collateral, thereby making it impossible to identify the location.

Accordingly, the defendant concealed the passenger car which is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Automobile register;

1. An application for automobile finance and a written consent to assignment of claims;

1. Investigation report (D trading complex, E trading complex search and investigation) and investigation report (the call of the criminal defendant representative);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. A extenuating circumstances for sentencing under Article 62(1) of the Criminal Act: The following facts are recorded: (a) the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime are committed; (b) the victim’s exercise of rights is obstructed by concealing the motor vehicle with a maximum debt amount of KRW 9 million; and (c) the victim’s company’s damage has not been recovered; (d) the victim’s damage is recognized; and (e) the victim’