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 becomes final and conclusive.

Punishment of the crime

On March 18, 2014, at the C office located in Seocho-gu Seoul Metropolitan Government on March 18, 2014, the Defendant borrowed KRW 2,691,664, monthly installments of KRW 2,691,664 from the victims' cases (former Social Co., Ltd.) on the condition that the payment of the purchase fund of KRW 80 million shall be made in equal installments for 36 months, and on March 19, 2014, the Defendant changed the number of the foregoing vehicle to E, and set up a collateral security right in the victim company in the future as the claim value of KRW 40 million for the foregoing vehicle.

Until August 12, 2014, the Defendant paid 21,426,508 won of loans on seven occasions, and did not pay the remainder of the installments, the Defendant arbitrarily transferred the said vehicle to a bond business operator with no name in the vicinity of an elementary school after the person who was in the Jinjin-gu, Seoul Special Metropolitan City on February 2, 2016.

Accordingly, the defendant concealed objects that became the object of the right and interfered with the victim's exercise of the right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of the payment of lease fees, computer review table, application form of heavy discount and summary thereof, asset sale contract, transfer certificate, loan documents, car stoto (D), notification of delivery of secured vehicle, notification of credit transfer, application of Acts and subordinate statutes 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 ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] that prevent the exercise of the right, which is set forth in the sentencing guidelines, and there are no types 1 (Interference with the exercise of the right) [the scope of recommended punishment] [the scope of recommended punishment] and the basic area [the scope of recommended punishment] from six months to one year

3. In this case, the Defendant was granted a loan of KRW 80 million from the victim of a motor vehicle to purchase the motor vehicle, and the Defendant intended to set up a right to collateral security for KRW 40 million among them.