A defendant shall be punished by imprisonment with prison labor for up to 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 August 31, 2016, the Defendant: (a) purchased the amount of CM6 car from B located in Ischeon-si on August 31, 2016, and (b) received installment financing of KRW 36,175,078 on condition that the Defendant would pay KRW 614,147 per month from the victim D Co., Ltd. (hereinafter “victim Company”); and (c) secured the same year.

9. 23. A mortgage was created on the above vehicle in the name of the victim company.

However, around August 2017, the Defendant borrowed 7 million won from the credit service provider in the name of “F” located in E at the time of stopping and provided the said vehicle as security and did not inform the victim company of its location.

Accordingly, the defendant concealed the defendant's goods which were the object of the right of the victim company and obstructed the exercise of the right of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the supplement of complaint by G;

1. A complaint;

1.-The register of motor vehicles, - an automobile installment financing agreement, - Application of the laws and regulations on customer contact information.

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 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. The Defendant, a mortgagee, obstructed the exercise of rights by the victim company, thereby causing damage to the victim company.

Damage suffered by the victim company was recovered.

There is no circumstance that the defendant made efforts to recover damage, and there was no agreement with the victim company.

However, there is a history that the defendant led to his/her criminal act, reflects himself/herself, and has been punished twice by a fine, other than that.