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 November 27, 2013, the Defendant purchased CK5 vehicles with a loan of KRW 25,600,000 from the victim B (the State), and on November 28, 2013, the Defendant created a mortgage on the said vehicle with a claim value of KRW 12,80,000,000 and a mortgagee as a victim in order to secure the obligation of the loan.

On January 2016, the Defendant provided the said vehicle as security from the business operator of the pawned Hall in his name in the name of the Seoul Special Metropolitan City in the name of the Seoul Special Metropolitan City in order to prevent the mortgagee from exercising the mortgage because the location of the said vehicle cannot be known.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning a copy of an application for loans for automobile purchase, register of automobiles, decision of voluntary auction, and protocol of automobile delivery;

1. Article 323 of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

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. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and conditions unfavorable to social service hours: The actual amount of damage suffered by a victim is not much than 14 million won, and there is no record of punishment exceeding the same criminal record or fine, etc.;