A defendant shall be punished by imprisonment for four 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 April 25, 2016, the Defendant: (a) purchased a vehicle at the office of the used car selling company located in Ulsan-gu, Ulsan-gu; (b) borrowed KRW 23,000,000 from the victim’s “D Co., Ltd.”; and (c) agreed to make installment payments of KRW 819,90 for 36 months from April 26, 2016; and (d) around April 27, 2016, the Defendant set up a collateral security right at KRW 11,50,000 for the bond value of the said vehicle as security against the said obligation to the victim.

On June 20, 2016, the Defendant provided and delivered the said car as security at the G lending enterprise office located in the fifth floor F of building in the Nam-gu Seoul Metropolitan City, Nam-gu E-gu, Seoul, Seoul, by borrowing KRW 3.5 million from the said lending enterprise.

Accordingly, the defendant concealed the car owned by the defendant, which was the object of the victim's right, so that the location of the car can not be grasped, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes governing filing of a complaint, filing of a loan application, ledger of motor vehicle registration (A, B, Gu) and deposit status of installments, statement of amount of claims, statement of contents of a certificate of contents;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] Suspension of exercising the right, and the sentence like the order shall be determined by taking into account the following circumstances, such as the mitigation area (one month to eight months), the mitigation area (including specially mitigated persons), the non-won of punishment (including efforts to recover from damage), the decision of sentence], and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

The amount of damage is not high, and there are many different types of criminal records.

A favorable circumstances: The defendant led to confession and reflect, and the injured party expressed his/her intent not to punish the defendant by restoring damage to the injured party.