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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
1. On October 17, 201, the Defendant: (a) concluded a sales contract for the victim’s cruise car located in the Gyeonggi-si, the Defendant agreed to obtain a loan of KRW 29,800,000 from the injured party in the name of the purchase price for the said car from KRW 1,224,00 each month to make a change between 36 months; (b) on October 18, 201, the Defendant provided the said car as security to the victim and provided the bond amount of KRW 29,80,000 each month to the victim; and (c) set up a mortgage in the future for the victim with the bond amount of KRW 29,80,000.
From March 5, 2012, when the Defendant started to pay the above loans, the Defendant transferred possession of the above car to the victim under the pretext of partial repayment of the loans borrowed from the nominal bondholder on October 2012, when the Defendant did not pay the principal of the loan amounting to KRW 28,153,401 and interest thereon, and concealed that the location of the loan cannot be confirmed.
Accordingly, the defendant concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.
2. On January 16, 2012, the Defendant: (a) entered into a sales contract for the victim-victim's damage reserve bank in Seoul, Gangnam-gu, Seoul; (b) agreed to obtain loans of KRW 12,000,000 from the injured party in terms of the purchase price for the said vehicle and to make a change in the amount between 36 months each month; (c) on the 20th of the same month, the Defendant provided the said vehicle as security to the victim; and (d) set up a mortgage on the 20th of the same month with the bond value of KRW 8,40,000 in the future for the victim.
From October 20, 2012, the Defendant started to pay the above loan in arrears, and had not repaid the principal of the loan amounted to KRW 9,941,094 and interest thereon. At that time, the Defendant transferred the possession of the above vehicle to the account of partial repayment of the loan borrowed from the name-free bond business operator, and concealed that the location of the vehicle cannot be confirmed.
Accordingly, the defendant is the subject of the victim's right.