A defendant shall be punished by imprisonment for not less than eight 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 April 29, 2013, the Defendant purchased a rocketing car (hereinafter “instant vehicle”) in B, located in the light-time around 19 April 2013, and took out a loan of KRW 188,800,000 from the Defendant Hyundai Capital Co., Ltd. (hereinafter “Mo Capital”) on the terms of equal repayment of principal and interest each month for 36 months. On April 30, 2013, the Defendant created a collateral security on the instant vehicle with the victim as the right holder of the right to collateral security (hereinafter “instant vehicle”).

While the Defendant did not pay all the principal and interest of the instant vehicle after September 2013, on or around January 2015, the Defendant concealed the instant vehicle by arbitrarily disposing of the instant vehicle to a person under the name of the victim and making it impossible to identify the location of the instant vehicle for the exercise of mortgage at the victim company.

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 prepared in D;

1. Application of Acts and subordinate statutes to the register of automobiles, petition for complaint, review table, information inside and outside the examination, written agreement of installment financing, output of claims, and the register of automobiles registration;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] and the reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] shall be taken into account as prescribed in Article 51 of the Criminal Act, such as the following: (a) the basic area (6 months to one year) within the scope of sentence according to the sentencing guidelines (decision of sentence]; (b) the remaining principal of the loan has not been reached in KRW 17,776,624; (c) the vehicle of this case has not been recovered; and