A defendant shall be punished by imprisonment with prison labor 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

The Defendant is a person who served as the representative director of “D (hereinafter referred to as “D”)” as a petroleum selling company located in Namyang-si, Namyang-si.

On August 10, 2012, the Defendant: (a) purchased EN vehicles and FNN vehicles in the name of the representative director, and agreed to obtain KRW 74 million from Korea, and to repay KRW 3056,00 per month for 36 months; (b) the Defendant agreed to pay KRW 19,000 per month to Korea EN vehicles; and (c) set up a mortgage on the bond value of KRW 18,00,000 for FNs vehicles in the name of D, in which the Defendant was working as the representative director; and (d) the FNs vehicles in the name of the representative director.

Since then, the victim CF Co., Ltd. received the transfer of each of the above mortgages from our social society.

On February 2, 2013, the Defendant borrowed KRW 20 million from a name-free bond business operator at D office, and offered 20 million to the bond business operator as collateral, which is the object of the victim’s mortgage, and delivered 20 million vehicles to the bond business operator, making it considerably difficult to discover the location of the vehicle.

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

Summary of Evidence

1. Defendant’s legal statement

1. Statement of the police statement related to G;

1. Application of the debt ledger, the peremptory notice for delivery of secured vehicles, the ledger of registration of automobiles, the statutes on the written agreement of installment;

1. Article 323 of the Criminal Act in relation to the relevant facts of crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing of Article 62(1)(the following favorable circumstances) of the suspended sentence under Article 62(1)(the grounds for sentencing [the scope of recommendation] [the scope of punishment] under Article 62(1)(the mitigated area (one month to eight months) [the person who has been specially mitigated] under the mitigated area (including efforts to recover damage] [the decision of sentence] under Article 62(1)(the defendant's mortgage is set up two automobiles of this case where the defendant established another person's mortgage.