A defendant shall be punished by imprisonment for four months.

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.

Punishment of the crime

[criminal record] On April 13, 2017, the Defendant was sentenced to imprisonment with prison labor for 4 months or for attempted special larceny by obstructing the exercise of rights in the Daejeon District Court’s Support, etc. on April 13, 2017, and the judgment was finalized on May 1, 2017.

[2] On April 7, 2014, the Defendant obtained a loan from the Hyundai Capital Co., Ltd., which is located in the Shinjin-gun, Chungcheongnam-gun, Chungcheongnam-gun, in terms of the purchase price for BK7 passenger cars, from the Hyundai Capital Co., Ltd., and obtained a loan under the terms of equal payment of principal and interest during the period of 60 months, and on the same day, registered a right to collateral security with a maximum amount of KRW 8.5 million in the name of Hyundai Capital Co., Ltd., which was registered in the said car in the name of Hyundai Capital Co., Ltd., and around May 20, 2016, the Defendant transferred the right to loan and collateral security to the said limited company, which was specialized in the Asset-Backed Specialized in the Asset-Backed Co., Ltd., Ltd., the victim.

While the Defendant did not pay the installment loan after July 25, 2014, the Defendant obtained a loan of KRW 12 million from a credit service provider who is unable to know his/her name in Gangwon-gun, which was located in Gangwon-gu, around November 28, 2014, and transferred the said vehicle as security, without permission, and did not comply with the request for a return from the Hyundai Capital Co., Ltd. and the damaged party.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A complaint, a new statement of counseling, an application for new installment, a notification of transfer of claims, a certified copy of the corporate registry, a peremptory notice to deliver and sell secured vehicles;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting on the results of the investigation (this case's facts, confirmation of criminal records, and review of the existence of suspicion), and reporting on criminal records;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act recognizes the crime.