A defendant shall be punished by imprisonment for six 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

On April 24, 2015, the Defendant borrowed KRW 28,000,000 from a person who was damaged by the Defendant’s taking as security a loan of KRW 28,000,00 from the victim’s K5 E vehicle through a lending counselor D at the victim C Co., Ltd. at the coffee shop prior to the Goyang-gu building 105 building, Ilyang-gu, Ilyang-gu, Seoul., the Defendant created a mortgage of KRW 28,00,000 for the above vehicle on April 27, 2015.

On July 28, 2015, the Defendant: (a) obtained a loan of KRW 7 million from F, a credit business company F, and transferred the said vehicle as security, thereby making it impossible for the Defendant to exercise the right of mortgage on the said vehicle by making it impossible to grasp the location of the said vehicle.

Accordingly, the defendant, which was the object of the victim's mortgage, concealed the above-owned vehicle, thereby hindering the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries into BS Bosa written applications, BS Oral Bosa written contracts, CMS transfer details, application of the laws and regulations of the Motor Vehicle Registration Register.

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., grounds for sentencing)

1. The basic area that interferes with the exercise of rights to the recommended punishment: Imprisonment for not less than six months up to one year;

2. In light of the fact that the Defendant’s decision on the punishment of this case borrowed money from another lending company as collateral from the victim with a loan of KRW 28 million and did not repay the loan, the crime of this case that obstructed the exercise of the victim’s mortgage by transferring the said vehicle as collateral, and that the damage has not been recovered up to now, it is necessary to strictly punish the Defendant.

However, the fact that the defendant recognizes his mistake, there is no other punishment except once a fine, and there is no economic difficulty.