A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On October 7, 2014, the Defendant purchased food BM C vehicles from the Incheon Nam-gu B complex in 2011, and entered into a contract with the victim Echi Dais Co., Ltd. (D) on the “self-regulation 14.9% of the agreement, overdue interest rate of 24.9%, and interest on 48 months in equal installments” with the victim Echi Co., Ltd. (D), and the victim registered the establishment of a collateral security right with the amount of KRW 28,400,000 on the above BM vehicle after paying the loan.

The Defendant operated the said BMW vehicle owned by the Defendant as the subject of the victim’s right, and around February 2015, the Defendant borrowed money from the person in secret name at the FM hotel located in Gangnam-gu Seoul Metropolitan Government, and transferred the said BM vehicle to the person in secret name.

Accordingly, the defendant concealed the vehicle of the defendant, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes, such as a petition for complaint (application for and agreement on debate, and the register of motor vehicle registration);

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (a) of the Suspension of Execution Act (a type of decision] [Interference with the exercise of rights]: Consideration, such as the ground for sentencing under Article 62(1) of the Criminal Act (a) and the ground for obstructing the exercise of rights: source of punishment [the scope of the recommended area] mitigation area, January to August [the decision of sentence] first offender, and the victim’s refusal to want punishment;