A defendant shall be punished by imprisonment for six 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

On December 11, 2018, the Defendant borrowed 15 million won from the victim C Co., Ltd. in equal repayment of principal and interest through telephone counseling at the Defendant’s residence located in Daegu-gu Office B, and as security, the Defendant created a mortgage on the DSS6 car owned by the Defendant as the victim, the debtor as the Defendant, and the amount of 15 million won as the claim amount.

On April 2019, the Defendant, even though the remaining principal was 14,832,678 won, was not paid to the victim at the Busan Subdivision, the Defendant was unable to exercise the mortgage on the said vehicle as a collateral for the loan amount of 3.4 million won.

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. E statements;

1. Application of the Acts and subordinate statutes governing the delivery of automobiles prior to filing of an application for auction, such as protocol of impossibility of delivery of automobiles, each register of automobiles, consolidated investigation into credit, agreement of loan

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. In light of the fact that the victim company was unable to exercise its security right due to the defendant's crime with the reason of sentencing in Article 62-2 of the Social Service Order Criminal Act, and the defendant did not make efforts to recover damage, it is necessary to strictly punish the defendant.

However, the fact that the defendant shows the attitude to recognize the facts of crime, there is no record of punishment for the same or a similar crime, and there is no record of punishment exceeding the fine, etc., considering the circumstances favorable to the defendant, and the records and arguments of this case, such as the age, character and conduct, environment, family relationship, home environment, circumstances after the crime, and circumstances after the crime.