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

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

Punishment of the crime

On September 13, 2013, the Defendant borrowed KRW 49,000,000, out of the vehicle price from the victim capital Co., Ltd., one of the victim in order to purchase a DNA car at the office of Gangseo-gu Seoul Metropolitan Government Office No. 603 on September 13, 2013, and agreed to pay the loan in installments over 60 times each month, and on September 16, 2013, the Defendant created a mortgage of KRW 24,50,000 with the victim as the mortgagee on the said car as the collateral.

Nevertheless, around February 2014, the Defendant borrowed 25,000,000 won from a name-free lender in the vicinity of the International Financial Center in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and delivered the said car for the purpose of securing the said car.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. E statements;

1. A complaint filed by one capital company;

1. A report on investigation (a suspect telephone statement);

1. An installment financing agreement for automobiles;

1. Original Register of Automobile Registration;

1. 스케쥴 대비 입금 현황, 채권 잔액 조회 법령의 적용

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the basic area [the scope of the recommended punishment] from June to one year [the scope of the recommended punishment] from June to one year [the general sentencing factors] mitigation factors (no history of criminal punishment exists);

2. Circumstances unfavorable to the decision of sentence: The instant crime prevents the Defendant from exercising his right by concealing a passenger vehicle which was the object of a right to collateral security by the victim; the nature and circumstances of the crime are not provided against the victim; and the car has not been returned to the victim until now.