A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 26, 2015, the Defendant purchased two BMW 530D passenger cars (C and D) in the Gangnam-gu Seoul, Gangnam-gu, Seoul as bankruptcy, and provided the Defendant as collateral by setting up a collateral security right of KRW 108,160,000, total amount of KRW 135,200,000 on the condition that the Defendant would pay KRW 4,273,570 per month from the victim Non-WW 530D passenger cars (C and D) on the Gangnam-gu, Gangnam-gu, Seoul.

Nevertheless, on January 20, 2016, the Defendant borrowed 19,000,000 won to the bond company under the name of the company and offered two automobiles as security.

Accordingly, the defendant concealed the object of the mortgage, which is the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a complaint, two cases of installment financing agreement, the ledger of automobile registration, copy of decision, protocol of impossibility of delivery of a motor vehicle, notification, progress of delivery, investigation report (verification of date and place of loan);

1. Article 323 of the Criminal Act applicable to the crime and Article 323 of the option of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] When exercising the right, the sentence identical to the order shall be determined by comprehensively taking account of the following circumstances and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, circumstance before and after the crime, etc.

Unfavorable circumstances - there are considerable damage to victims.

The favorable circumstances - mistake is divided.

One of the vehicles subject to the obstruction of exercising the right of this case shall be returned to the victim, and five million won, which is part of the damage related to other vehicles, shall be recovered.