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 May 16, 2013, the Defendant: (a) purchased one motor vehicle for DBz E350 Kupion under the name of the Defendant’s management Co., Ltd.; and (b) obtained loans from KB Capital Co., Ltd. (former Social Co., Ltd.; hereinafter “KB Capital”) for 34.5 million won for the said motor vehicle on the same day from 34.5 million won; and (c) established a mortgage on the said motor vehicle as mortgagee, claim value of the said motor vehicle as 1,7250,000 won.

Nevertheless, on June 23, 2013, the Defendant paid the principal and interest of KRW 1,491,332 under the above loan agreement and did not change it thereafter, the Defendant did not return the said vehicle even after obtaining a certification of the details of the request for return of loan and delivery of the vehicle from the victim ELC Loan Co., Ltd. to whom the Defendant acquired the Defendant’s loan claim against the Defendant from the above KB Capital, but did not return the said vehicle, and concealed the said vehicle by providing it to employees whose name of the said C is unknown as retirement allowance.

Accordingly, the defendant concealed the above car which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. A copy of an asset transaction contract, a copy of a transfer deed, a copy of a notice of assignment of claims, content certification, a copy of an automobile registration certificate, a copy of automobile registration ledger, certified copy or abstract;

1. Application of the Act and subordinate statutes to a report on investigation (Submission of a report on visit to the site of ELC lending company);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that it is not good that the defendant, with the reason of sentencing under Article 62(1) of the suspended sentence, has obstructed the exercise of rights by the victim by concealing the motor vehicle

However, it appears that the defendant has led to confession and reflect.