A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 22, 2016, the Defendant was sentenced to two years of imprisonment for a crime of fraud, etc. at the method of Suwon, and the judgment became final and conclusive on April 30, 2016.

On February 27, 2014, the Defendant purchased one passenger car at the location of the modern car station located in the Seocho-gu Seoul Metropolitan Government, Seocho-gu, 240-7 Large Building, and received a loan of 38,770,000 won from the victim Hyundai Capital Co., Ltd. and paid the said passenger car price. On February 28, 2014, the Defendant set up a collateral mortgage at the maximum amount of 38,70,000,000 won for the above vehicle as security for the loan obligation.

Nevertheless, on February 2, 2015, the Defendant received a loan of KRW 9 million in cash from the name-free credit service provider, who became aware of the fact that he was unable to repay the loan due to personal debt of KRW 400,000 from the insular coffee shop located in the Yongsan-gu, Seosan-gu, Gyeonggi-gu, Gyeonggi-do., the Defendant offered the said car as security even though he was unable to repay the loan due to his personal debt.

Accordingly, the defendant concealed goods that are the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against D;

1. A report on investigation (Submission of data by a complainant) and a list of payments;

1. Counseling table, application form, all documents, etc.;

1. Previous convictions: Inquiry into criminal history, reporting on investigation (report attached to the judgment), and application of the statutes of the judgment;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The gist of the assertion is that the Defendant provided a bond to the bond company as collateral for use of the bond that requires urgency at the time of the crime of this case, and the bond company was bound by other cases because it did not exceed one month thereafter, and the Defendant did not intend to conceal the above vehicle.

2...