A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On January 4, 2012, the Defendant purchased the Category B documentaryS car in the Jeoncheon-si, Gyeonggi-do, and obtained an installment loan of KRW 17,500,000 from the Korea Social Services Korea Co., Ltd., Ltd., the Defendant agreed to pay the victim the principal and interest of KRW 580,415 each month from January 4, 2012 to January 15, 2015 to pay KRW 20,894,94,940 each month for 36 months, and then registered the transfer of ownership on delivery of the said car. On January 5, 2012, the Defendant completed the registration of the establishment of collateral security with the maximum debt amount of KRW 10,50,000 and the mortgagee as the victim.

As such, while the Defendant was operating the said car with the said car, which was set up a collateral under the victim’s name, the Defendant borrowed KRW 5,000,000 from a person who was not the victim’s name on February 22, 2012, and delivered the said car as a collateral, thereby hindering the victim’s exercise of rights by concealing one’s own goods, which became the object of another’s rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of loan agreement, ledger of debtor and register of automobiles Acts and subordinate statutes;

1. Relevant Article 323 of the Criminal Act and Article 323 (Obstruction of Exercise of Rights) of the Criminal Act and the choice of imprisonment with prison labor;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that the suspended execution is above Article 62(1) of the Criminal Act (the fact that the defendant is under the time of committing a crime, the defendant has no record of punishment other than the two-time fines, and the benefits and circumstances of the crime in this case are considered).