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

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

Punishment of the crime

On November 18, 2015, the Defendant obtained a loan of KRW 16,500,000 from one victim capital Co., Ltd. to purchase a mixed fish code vehicle at the B office located in Gangseo-gu Seoul Metropolitan Government around November 18, 2015, and decided to pay the loan and interest in installments for a period of 36 months.

On the same day, the Defendant made a transfer registration of the above vehicle in the name of the Defendant, and on November 20, 2015, established a collateral security right of KRW 8,250,000 with respect to the above vehicle in the name of the Victim Company in order to secure the above loan. If the payment of the principal and interest on repayment or installment repayment is delayed on more than two consecutive occasions, the Defendant was obligated to lose the benefit of the time and immediately repay the loan to the Victim Company. In such a case, the Defendant was obligated to keep the above mother vehicle in custody so that the Victim Company can exercise the right to collateral security.

Nevertheless, the Defendant paid only KRW 2,957,80 on five occasions to the victim company for installment payments and interest, and did not pay the loan amount of KRW 14,686,650 and interest of KRW 14,68,650 on May 2016, the Defendant borrowed KRW 6,300,000 from the bonds company with no name name and transferred the above vehicle as collateral, thereby making it impossible for the victim company to grasp the location of the above vehicle.

Accordingly, the defendant concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints, documents for application for loans, inquiries about the balance of claims, decisions, and the register of motor vehicle registration;

1. Application of Acts and subordinate statutes to a statement made to supplement complaints against D;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the scope of recommended punishment] is the basic area (from June to one year) (the person who has a special sentencing seal) of the basic area (from June to one year).