A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 25, 2016, the Defendant purchased D SP vehicles at the C Burial located in Michuhol-gu Incheon, Michuhol-gu, Incheon, and borrowed KRW 27 million from the victim E Co., Ltd. for the purpose of the purchase fund, and on April 29, 2016, established a mortgage on the claim amounting to KRW 18.9 million for the above vehicle as the mortgagee.

Nevertheless, on December 21, 2018, the Defendant borrowed 4 million won from the F lending company located in Ansan-si and offered the said vehicle as security.

Accordingly, the defendant concealed the above vehicle which was the object of others' rights and obstructed the exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An application for a loan, the register of automobiles;

1. Application of the Act and subordinate statutes to the investigation report (No. 6 No. 196);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (in cases where the defendant is the primary offender), the suspended sentence;

1. One to five years from the month of imprisonment with prison labor for the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Obstruction of another’s exercise of one’s right as a result of a decision and obstruction of another’s exercise of one’s right;

(b) The scope of recommendations and the basic area of recommendations (two months of imprisonment to one year);

3. The decision of the sentence of this case shows the attitude of recognizing and opposing the criminal act of this case, considering the fact that the defendant was the first offender, the court shall take the position of the suspended sentence against the defendant, but the defendant shall be sentenced to the punishment as ordered by the order, taking into comprehensive account the following factors: the defendant's age and working environment, relation to the victim company, motive means of the crime, results of the crime, circumstances after the crime, etc., and the scope of recommendations on the sentencing