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

Punishment of the crime

On March 17, 2014, the Defendant obtained a loan of KRW 30 million from a non-Korean Capital Co., Ltd., and established a collateral security right, which is 26,400,000 as the mortgagee for a passenger car owned by the Defendant.

On January 2015, the Defendant: (a) borrowed KRW 7 million from the owner of the business in the Fungwon-gun, which was located in the Gungwon-gun; (b) delivered the said vehicle as security; and (c) concealed the Defendant’s goods that became the object of the rights of the damaged company, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Complaint;

1. Application for installment financing, a certified copy or abstract of the original register of motor vehicle registration, a decision on voluntary commencement of auction, an order for delivery of motor vehicle, and application of Acts and subordinate statutes concerning receipt in comparison with the plans;

1. Relevant legal provisions for criminal facts, Article 323 of the Criminal Act for the choice of punishment, reasons for sentencing of imprisonment [the scope of recommendation] [the grounds for the exercise of the right] and the basic area (six months to one year) [the person subject to special sentencing] is recognized [the decision of sentencing], and there is no history of criminal punishment except twice a fine, but there is no history of criminal punishment other than twice a fine. However, even though the obligation to the victimized company exceeds twenty seven million won, it cannot be deemed that damage can be recovered within the nearest time, so the issue is not somewhat weak.

In addition, the crime of this case is more poor than the crime committed to raise money for gambling.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.