A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 11, 2015, the Defendant purchased BV cruise car from a used car sales company located in the East-gu, East-do. On March 11, 2015, the Defendant established a right to collateral security on the above loan obligation, which is the mortgagee of the said car, by borrowing KRW 25 million from the Hyundai Capital Co., Ltd. (hereinafter “Mo Capital Capital”).

On May 4, 2016, the Hyundai Capital transferred the outstanding principal amount of KRW 33,461,546 to a limited company specializing in the securitization of Es.S. from among the above loan claims against the Defendant, to the injured party, and then notified the Defendant on May 30, 2016. The victim registered the transfer of the above assets with the Financial Services Commission on June 3, 2016, and the said Bena-Se Airport was the object of the right to collateral security to secure the victim’s right to return the loan.

Nevertheless, the defendant, around September 2016, borrowed money from the corporate bond office located in Dongdu-si C and offered the above car as collateral, but he intentionally avoided the contact of the victim from around that time.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D (net 3);

1. Application of Acts and subordinate statutes to applications for inter-class loan in modern automobiles, notices of transfer of bonds and acceptance of entrustment, and the register of automobile registration;

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 suspended execution;

1. The fact that there is no agreement with the victim on the reason of sentencing under Article 62-2 of the Criminal Act, and that most of the loans have not been repaid due to the installment payments (the amount of the principle exceeds 25 million won, which is the loaner), the fact that the location of the vehicle has not yet been verified is an element of sentencing unfavorable to the defendant.

However, the defendant committed the crime of this case.