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

Around August 9, 2012, the Defendant: (a) purchased 22,000,000 won from the injured party, at the set-off store in Seoul Special Metropolitan City, Nowon-gu, the Defendant entered into an installment financing agreement with the victim to borrow 22,00,000 won for a monthly installment of 36 months; (b) around August 10, 2012, the Defendant created a mortgage on the claim amounting to 11,00,000 won for the said passenger car (the claim at present was transferred to a special purpose company on May 20, 2016). Nevertheless, around August 10, 2012, the Defendant: (c) around Seoul Special Metropolitan City, Nowon-gu, to receive KRW 6,00,000 from the sub-contractor; and (d) made it difficult for the Defendant to find out the location of the said passenger car by taking over the said vehicle.

Accordingly, the defendant concealed the defendant's above van, which was the object of the victim's mortgage, and obstructed the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Application of Acts and subordinate statutes to applications for the register of modern capital vehicles, copies of the register of automobiles registration;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

In order to lend money to a disadvantage: A vehicle was disposed of immediately after the borrowing of a vehicle by gathering in advance with a non-performing lender and receiving the loan.

There is a history of being fined once as a fraud.

The favorable circumstances: The error is divided in depth.

After receiving the repayment of damage, the complainants who agreed with the defendant revoked the complaint.

There is no record of crime other than the one-time fine due to the above fraud.