A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On March 22, 2016, the Defendant, from the Seo-gu, Seo-gu, Incheon Metropolitan City on March 2, 2016 to the Defendant, agreed to receive loans of KRW 23 million from the victim Megz Capital Co., Ltd. to pay KRW 674,423 each month in installments for 48 months. On March 23, 2016, the Defendant set up a mortgage on the said car to the victim on March 23, 2016 as security for the said obligation.

However, on October 2016, the Defendant borrowed KRW 4,400,000 from the Seoul-gu Seoul-si Seoul-si Seoul-si Seoul-si Seoul-si, and delivered the said car as security.

Accordingly, the defendant concealed the car owned by the defendant, which was the object of the victim's right, so that the location of the car can not be grasped, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A copy of an erroneous agreement, a certified copy or abstract of the motor vehicle registration ledger, a notification expected to lose the benefit of time (Termination of a contract), a peremptory notice to terminate a contract, a peremptory notice to return the mortgaged article, information on delivery, or a detailed statement on loss of the benefit of time;

1. Application of the Acts and subordinate statutes on the standard contract for loan transaction and investigation report (investigation into the location of a mortgaged vehicle);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] that interferes with the exercise of the right, the basic area (six months to one year) (no person who is subject to any special sentencing];

2. The fact that the defendant's crime of sentencing decision did not cause a significant damage to the victim, the fact that there was a record of criminal punishment over five times, etc. are against the disadvantage, the three installments were paid, and the fact that it was agreed with the victim, etc. shall be considered in favorable circumstances, and all kinds of sentencing, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc.