A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 22, 2016, the Defendant borrowed KRW 28 million from the Victim B Co., Ltd. to set up a mortgage on the victim’s name in the CM6 car owned by the Defendant as its collateral, but borrowed KRW 6 million on April 13, 2017 on the condition that the loan is repaid within two months from the credit service provider under the name non-payment in the name-payment place, and delivered the said car as collateral so that the victim company could not confirm the location of the car.

Accordingly, the Defendant concealed the passenger car owned by the Defendant, which was the object of the right to collateral security of the victim company, and obstructed the exercise of rights by the victim company

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed against D;

1. Application of the photograph of the loan transaction agreement;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing criteria (determination of a type), obstruction of exercise of a right, obstruction of a right, etc., one-year imprisonment with prison labor for 6 months to 1 year (basic area).

3. The Defendant, in whose case six months have passed since he provided the instant vehicle as collateral and provided it as collateral, has concealed the vehicle as collateral, and in consideration of the fact that the nature of the crime is not good, the location of the said vehicle has not been identified until now, and the damage recovery has not been restored, a sentence of imprisonment shall be selected.

However, the sentencing criteria and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered, and the punishment as ordered shall be determined in full view of various circumstances, such as the defendant's confession, the fact that there is no previous one, the debt of the loan, approximately KRW 2,434,541, out of the loan, and other various circumstances, which form the conditions for sentencing