A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On August 14, 2014, the Defendant: (a) purchased a pair of cars (D) located in Pyeongtaek-si B’s agency office; and (b) obtained a loan from the victim Non-SP Capital Co., Ltd. (former NonSP Capital Co., Ltd.) to a 30,300,000 won of the purchase price of the vehicle from the victim company Non-SP Capital Co., Ltd. (former NonSP Capital Co.) for a seven-two-month amount; and (c) set up a collateral security on the said car as the Defendant’s owner; and (d) around August 18, 2014, the Defendant set up a collateral security on the said car with the value of the victim company, bonds, KRW 21,210,000.

However, on November 2014, the Defendant concealed the said passenger car by moving it to E, which is a creditor of the Defendant, to the said E, in order to offer it as security, and obstructed the victim’s exercise of the right to collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint;

1. Application of Acts and subordinate statutes to loan review table, installment financing and misleading agreement, details of installment payments, details of payment of installment financing, details of payment of the full amount to be repaid even during installment financing, sales contract, estimates, management records of goods released from the Republic of Korea, written approval prior to their release, written confirmation prior to their release, written request for remittance, written request for establishment of right to collateral security, integrated information, business registration certificate (A), automobile registration certificate, ledger of automobile registration, and written certificate of registration

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense. Article 323 (Selection of Punishment of Imprisonment)

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from June to one year) of the sentencing criteria [the scope of recommended punishment] shall not interfere with the exercise of the rights; and

2. According to the sentence, the Defendant’s crime of this case was committed by concealing a passenger car which became the object of the victim’s right to collateral security, and thus obstructing the victim’s exercise of rights, and the nature and circumstances of the crime are not provided against the victim, and the car concealed by the crime of this case has up to now.