A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 22, 2016, the Defendant: (a) borrowed KRW 19 million from the victim Eth Capital Co., Ltd. in order to purchase D body-man vehicles in Seo-gu Incheon Seo-gu, Incheon; (b) concluded a credit transaction agreement between March 20, 2016 and February 20, 2021 to refund KRW 471,170 each month from February 20, 201; and (c) set up a mortgage on the said vehicle as the mortgagee.

On May 2016, the Defendant interfered with the exercise of the right of the victim by receiving KRW 5 million in cash from the Buddhist Park located in the Southern-gu Incheon Metropolitan City, without the consent of the victim, in the middle of May 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police statement to E ( complainant's representative);

1. A complaint filed by a eth capital company;

1. Notification of an application for automobile theory, bond account statement, and notification of loss of benefit by the deadline for automobile installment;

1. Application of the Motor Vehicle Registration Register (D) Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] basic area [the scope of the recommended punishment] from six months to one year [the general sentencing factors] - The mitigated factors: The remote reflectness and no record of criminal punishment;

2. Whether to suspend the execution (major reasons) - positive: None of the past record of criminal punishment (general reasons) - positive: Serious reflection, absence of criminal records of suspended execution or heavier punishment;

3. The Defendant, who was sentenced to a sentence, arbitrarily delivered the vehicle that became the object of the mortgage, obstructed the exercise of the right by the victim, and failed to recover the damage for a long time.

There is no circumstance to deem that an agreement has reached with the victim.

However, the defendant is in this Court.