The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 10, 2017, the Defendant: (a) purchased E-car at the agency of C Company D located in North Korea-Gu, and (b) borrowed KRW 25,570,000 from the victim F Co., Ltd., the Defendant repaid the principal and interest for 60 months from November 21, 2017 to October 25, 202; and (c) agreed on October 25, 202 to pay the remainder amount of KRW 3,080,000 on October 25, 202 or to conclude an installment contract, the Defendant created a mortgage in the name of the victimized Company on October 12, 2017.

On October 2018, the defendant was requested by the injured company for delivery by the Daegu District Court's decision on the auction of the car at port, but the defendant could not grasp the location of the car without complying with the request.

Accordingly, the defendant was prevented from exercising his right by concealing the car owned by the defendant, which was the object of the mortgage of the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of an installment financing agreement, the current status of payments made in comparison with redemption, and the register of automobiles statutes;

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines [decision of a type] Obstruction of Exercise of Rights, etc. [Type 1] Obstruction of Rights (Specially Convicted Person] : Reduction element of punishment (including efforts to recover damage) : Reduction area of punishment (the recommended area and recommendation range) ; Imprisonment with labor for one month to eight months;

3. The sentence of imprisonment shall be decided by taking into account the method of the crime and the circumstances after the crime, and the execution of the sentence shall be suspended only once, taking into account all circumstances, including the following: (a) the primary criminal defendant reflects the wrong defendant; (b) the process of the crime does not include any circumstances to be taken into account; and (c) the transferee of claims from the victim and the victim have agreed smoothly;