A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

Around February 13, 2017, the Defendant purchased a cubus car under the name of the Defendant, a director, on condition that the Defendant would pay KRW 50 million to the victim D Co., Ltd. for a total amount of KRW 1,488,138 on 48 occasions each month, while purchasing the cubus car in the name of the Defendant’s name. Around March 13, 2017, the Defendant set up a collateral security amount of KRW 25 million on March 7, 2017.

Nevertheless, on March 2017, the Defendant delivered the said car as a security for approximately KRW 30 million from E to F in the Hansung-si in the middle of 2017, and made it unclear the location of the car.

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. Defendant's legal statement;

1. Application of an erroneous agreement on debate, details of overdue consultation and calculation of early termination, and Acts and subordinate statutes on the protocol of impossibility of delivery of automobiles;

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;

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. Determination of sentence: (a) interference with the exercise of rights by the victim company by concealing a passenger car with a set-mortgage of KRW 25 million with the maximum debt amount; (b) however, the defendant appears to have the attitude to recognize and reflect the instant case; (c) he has paid six installment loans; (d) on April 23, 2019, the defendant repaid the amount of six installment loans as compensation for damage; and (e) on May 9, 2019, he/she repaid the amount of six installment loans as compensation for damage; and (e) other circumstances, such as the defendant’s age, character and behavior, career, motive for committing the crime, and circumstances after committing the crime, which are the conditions for sentencing specified in the instant argument