A defendant shall be punished by imprisonment for not less than eight 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 July 12, 2012, the Defendant purchased B QM5 car with the above loan, and offered it as security to the damaged company, at the office of Korea Social Services Korea Co., Ltd. (hereinafter referred to as the “Plaintiff”) located on the nine floors of the Geumcheon-gu Seoul, Geumcheon-gu, Seoul, for a loan of KRW 23 million from the victimized company.

Accordingly, on August 2, 2012, the injured company set up a mortgage on the bond value of KRW 11,50,000 for the said car.

Nevertheless, the Defendant borrowed KRW 8 million from a lender who was unable to know his name at the non-permanent area in Daejeon in 2013, and caused the said car to be a collateral.

Accordingly, the defendant concealed the above car which was the object of the mortgage of the damaged company and obstructed the exercise of the rights of the damaged company.

Summary of Evidence

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

1. C’s statement;

1. The application of the Acts and subordinate statutes governing the subsidiary financing and loan agreement, and the original register of motor vehicle registration;

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act did not include the scope of recommendation, sentence (for example, interference with the exercise of rights) and damage recovery according to the sentencing guidelines (for six months to one year) and the basic area (for example, interference with the exercise of rights). However, the defendant has no record of punishment other than the one sentenced to a fine once, and the payment of a considerable period of installments (8 minutes) led to the crime in this case due to the aggravation of financial status, and the defendant's age, sex, environment, motive, means and result of the crime, etc. are considered, and the punishment as set forth in the Disposition shall be determined by considering the circumstances after the crime.