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 November 28, 2017, the Defendant entered into a financial contract with the victim B Co., Ltd., Ltd. with the loan amount of KRW 2.5 million, annual interest rate of KRW 27.9%, and the repayment period of 36 months, when the Defendant obtained a loan for a passenger car owned by the Defendant as security from the credit review team of the Bank B in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

Accordingly, in order to secure the repayment of loans on November 28, 2017, the victim company set up a right to collateral security with the value of 32.5 million won at the bonds.

As above, even though the Defendant offered a passenger car as security for the victim, around June 15, 2018, the Defendant borrowed KRW 9 million from D from the casino near the casino at a stopping line, and delivered the said car.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (person for reference D telephone communications);

1. Application of Acts and subordinate statutes, such as the standard contract for loan transaction ( June 15, 2018), the written waiver, etc., the register of automobiles (C), the vehicle photograph, the loan agreement, and the loan transaction contract;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] Obstruction of Exercise of Rights, etc. of Specific Type 1 (Obstruction of Rights, etc.) (the decision of sentence of imprisonment for six months to one year) (the decision of sentence] The crime of this case is that the defendant arbitrarily delivers and conceals the instant vehicle, which is the object of the victim company's mortgage, to a third party, thereby obstructing the victim's exercise of rights, and the nature of the crime

The Defendant was unable to fully repay the Defendant’s loan to the victim, was unable to reach an agreement with the victim, and was unable to recover the instant vehicle from D.

However, the defendant committed the crime of this case.