Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the two years each from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 23, 2014, the Defendants agreed to repay the principal and interest of KRW 1,215,084 per month from October 14, 2014 to September 14, 2018 to September 48, 2018, the Defendants purchased BMW X6 passenger cars (vehicle Number C) in the name of Defendant B at the GS Incheon Office located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with the victim JB Republic of Korea and vehicle purchase price of KRW 40 million. On September 25, 2014, the Defendants agreed to equal redemption of the principal and interest for 1,215,084 won per month from September 25, 2014 to September 14, 2018.

After that, even if the Defendants did not pay the victim the full amount of installments, the new store operated by Defendant A was in the situation of insolvency, and the bond company was urged to pay the debt amount of KRW 20 million from the bond company, the Defendants conspired to transfer the said car to the bond company for the purpose of paying the debt, and transferred the said car to the bond company in the “E” office located in Da at the Chungcheong-si, Chungcheongnam-si, Chungcheongnam-si, 2015, and the location of the said car was unknown.

Accordingly, the Defendants conspired to conceal a passenger car which is the subject of the victim's right and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. An application for motor vehicle error, a certified copy of the motor vehicle registration ledger (A), and an abstract;

1. Decision Cheongju District Court Decision 200 (H) and application of Acts and subordinate statutes to the protocol of impossibility of delivering automobiles;

1. Relevant provisions of the Criminal Act and Articles 323 and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

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

1. Application of the sentencing guidelines [tangible Decision] Crimes obstructing Exercise of Rights, Interference with Exercise of Rights, etc., and No type 1 (Interference with Exercise of Rights) (Special Sentencing) (Scope of decision-making and sentencing for recommendations) basic area, six months of imprisonment to one year;

2. Circumstances unfavorable to a ruling of sentence: this case;