A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 19, 2017, the Defendant borrowed KRW 85 million from the Victim Eth Capital Co., Ltd. and purchased BMW car. On May 23, 2017, the Defendant purchased BMW car by establishing a right to collateral security in the said car with the face value of KRW 68 million.

Nevertheless, on December 15, 2017, the Defendant failed to repay the loan principal money from around December 15, 2017, and on December 2, 2017, the Defendant borrowed KRW 37.5 million to C, a bond company, and transferred the said vehicle as security.

As a result, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of the right to exercise the mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. An application for accusation and theory of motor vehicle;

1. Application of Acts and subordinate statutes to the Motor Vehicle Registration Register (B);

1. The relevant legal provisions on criminal facts and the reasons for sentencing under Article 323 of the Criminal Act (Selection of Imprisonment) [the scope of recommended punishment] There is no person [the person who is subject to special sentencing] in the basic area (six months to one year) [the person who is subject to special sentencing] [the sentence] [the defendant purchased a vehicle with a large amount of loan and set a mortgage on behalf of the victim even though it was set up for the victim at the time of the purchase of the vehicle with a large amount of loan, so it is heavier to prevent the victim from exercising his/her rights and thereby, the nature of the crime is heavy.

Until now, no particular effort has been made to recover damage, and the degree of damage is not easy.

Considering these circumstances, it is necessary to punish the accused strictly.

In addition, the sentencing conditions shown in the trial process, such as the fact that the defendant acknowledged the facts charged, the fact that there is no same record, the age, sex, environment, the circumstances of the crime, and the circumstances after the crime, etc., shall be determined in the same manner as the order.