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 became final and conclusive.

Punishment of the crime

Around December 1, 2016, the Defendant purchased a cub car in B and submitted documents related to the establishment of mortgage to the victim company by obtaining a loan of KRW 50 million from the Bank in EF Savings Co., Ltd. on the condition that principal and interest shall be repaid for 48 months from the company in EF Savings Co., Ltd. on the condition that the principal and interest shall be repaid for 48 months. On December 2, 2016, the victim company set up a mortgage over the above car as the mortgagee of the victim company with the bond value of KRW 50 million.

On March 2017, the Defendant was notified by the victim company that it would proceed with a voluntary auction procedure for the said car on the grounds of the Defendant’s nonperformance of the obligation, but around April 2017, the Defendant borrowed the said car from the nameless credit service provider to the nameless credit service provider at a Mao-dong Seoul, Mapo-gu, Seoul, and thereby interfered with the victim company’s exercise of rights by concealing its own goods which became the object of the victim company’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. An agreement on the application for debate;

1. Application of Acts and subordinate statutes to a notice of expected loss of benefit;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] There is no basic area (6 months to 1 year) [the person who is subject to special sentencing] [the decision of sentencing] [the decision of sentencing] damage caused by the instant crime was not recovered even if there is a significant number of damage.

On the other hand, the defendant recognized the crime of this case and did not have the same and similar criminal records.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the details and arguments, such as the scope of the recommended punishment on the sentencing guidelines, the age of the accused, sexual conduct, environment, motive and background of the crime, and circumstances after the crime.