A defendant shall be punished by imprisonment for six months.

except that 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 September 27, 2013, at the office of the D Hospital located in Asan-si, the Defendant purchased the EMW passenger car first in the middle, borrowed 38 million won from the victim Han Capital Co., Ltd. for the purchase price, and registered the establishment of a mortgage for the said car with the mortgagee's amount of 19 million won.

On the other hand, the Defendant provided the said car to G as security for KRW 100 million borrowed from G in front of the Defendant’s house in the 2015 city prior to spring.

Accordingly, the defendant concealed the passenger car owned by the defendant, which is the object of the victim's mortgage, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. The police statement of I and G;

1. A complaint;

1. Content certification;

1. The medium and large-scale installment financing agreement;

1. A certified copy and an abridged copy of automobile register;

1. Application of Acts and subordinate statutes on car delivery records;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Application of the sentencing criteria [Scope of Recommendation] Obstruction of Exercise of Rights and Obstructions of Type 1 (Obstruction of Rights and Obstructions) (Aggravated imprisonment between one month and eight months) (a person who has been specially mitigated) is not subject to punishment;

2. The facts that the defendant recognized the crime of this case in favor of the decision-making favorable to the sentence, that there was no record that the defendant was punished for the same kind of crime, and that the defendant does not want the punishment of the defendant by agreement with the victim.

The above circumstances and other factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the various sentencing conditions under Article 51 of the Criminal Act.