The punishment of the accused shall be determined by four months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

Around June 8, 2018, the Defendant entered into a credit transaction agreement providing the Defendant’s property as collateral, on the condition that the Defendant borrowed KRW 11,500,000 from the Victim B Co., Ltd. in the vicinity of the Hasan-gu Seoul Special Metropolitan City around June 8, 2018, and on June 12, 2018, set up a mortgage equivalent to KRW 5,750,000 of the claim value of the said vehicle as mortgagee.

On February 2, 2019, the Defendant offered the above vehicle as security by borrowing money from the person in an influence to his name from the person in an influencies-gu, Seoul Special Metropolitan City, and during that process, the Defendant was unable to exercise the right against the said vehicle by failing to obtain the consent of the victim company or to notify the victim company.

Accordingly, the defendant concealed the vehicle that is the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Complaint of the B stock company;

1. Application for a secondhand loan, a certified copy of the register of motor vehicles, and application of the Acts and subordinate statutes of detailed specifications of motor vehicles;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Not more than five years of imprisonment with prison labor within the scope of punishment by law;

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of punishment [the scope of punishment] of obstruction of exercise of rights, etc. [the category 1], obstruction of exercise of rights, etc. [the elements of mitigation [the person specially punished]: Reduction area of punishment [the scope of recommendation area and recommendation area] mitigation area, imprisonment with labor for one month to eight months;

3. The number of crimes by the accused who was sentenced to punishment is inadequate, and the attitude of the accused presented by the investigative agency is also poor.

However, in consideration of the fact that the defendant agreed with the victim and that there was no past record of criminal punishment at the time of the crime of this case, no sentence shall be imposed.

In addition, records, such as the age, occupation, character and conduct, family relationship, and circumstances before and after crimes, are revealed.