A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On October 19, 2018, when purchasing B.7.5 tons truck, the Defendant borrowed KRW 64,00,000 from the Victim C Co., Ltd. (hereinafter referred to as “victim”) for the 21st day of each month on condition that KRW 1,340,933 is paid for 60 months, and around October 19, 2018, the Defendant created a collateral security right to the said truck owned by the Defendant as the Defendant with a claim value of KRW 44,80,000, creditor’s damage company, and debtor as the Defendant.

Nevertheless, on February 2, 2019, the Defendant borrowed KRW 10,000,00 from F from E companies located in Full-gu Seoul Special Metropolitan City D, thereby making it impossible for the victimized company to identify the location of the said truck by collecting the collateral, providing the said truck as security without any intention or ability to make the right reimbursement, and avoiding contact with the victimized company.

Accordingly, the defendant concealed the goods owned by the defendant, which were the object of the right of the damaged company, and obstructed the exercise of the right of the damaged company

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (F counterpart confirmation details) on the police statement of G;

1. 고소장 자동차등록원부 등본 및 초본 자동차 구입자금 대출신청서 및 약정서, 채권계산선, 입금내역서, 수납현황, 상환스케쥴 법령의 적용

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice 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. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence: Imprisonment with prison labor for ten months and suspended execution for the crime of this case for two years shall be provided again by the defendant to a third party when the defendant has failed to repay the guaranteed loan of a vehicle.