A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 17, 2015, the Defendant borrowed 31,700,000 won from the victim Ariju Capital Co., Ltd. for purchase of BKan car and set up a mortgage on the victim's name on the said car as security.

On January 24, 2017, the Defendant borrowed KRW 25 million from the Fair Savings Bank Co., Ltd., Ltd., and set up a mortgage on the said passenger car as security.

However, around May 2017, the Defendant offered the said car as security and additionally borrowed KRW 5,500,000 from C around June 2017, the Defendant failed to pay the borrowed money to C, which led to the failure to return the said car. On July 31, 2017, the Defendant’s voluntary auction decision on July 31, 2017 on the voluntary auction of the automobile applied by the victim A Capital Co., Ltd. was revoked as of October 13, 2017 due to the execution officer’s failure to receive delivery of possession of the said car, and the victim Fair Savings Bank did not apply for compulsory auction because it did not grasp the location of the said car.

Accordingly, the defendant concealed the goods of the defendant, which was the object of the victims' rights, and interfered with the victims' exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Each complaint;

1. Application of Acts and subordinate statutes to a report on investigation (for reference C and monetary content);

1. Article 323 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that even if the defendant was given a loan from the victims to set up a mortgage of KRW 56,70,000,000,000 from the victims, the crime is not good in that it transfers the instant vehicle to other creditors, and that the amount of the non-performance loan doctrine exceeds the amount of the mortgage claim, and thus, the defendant shall be punished by imprisonment.