A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 5, 2014, the Defendant purchased a 3,00,000 U.S. A6 car at a more Vietnam Co., Ltd. in Yangcheon-gu Seoul at the market price of 23,00,000, and established a collateral security right on the said vehicle at the victim company on March 12, 2014 under the condition that the monthly installment of KRW 818,968 for each month from the victim KF Capital Co., Ltd. (former Social Co., Ltd.) is divided equally into principal and interest for 36 months.

The Defendant voluntarily transferred the said car to D on May 29, 2014, while paying KRW 2,294,901 in total for three-month loans and paying the remainder of KRW 21,494,135 in installments, by May 29, 2014.

Accordingly, the defendant concealed the objects of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made with respect to E and D;

1. Application of the Acts and subordinate statutes of the notice of transfer of bonds, agreement on asset trade, application for the second installment loan, agreement on the second installment loan, and application of the ledger of registration of automobiles;

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The assertion;

A. ① The victim alleged that the victim was not the victim of the victim case (hereinafter referred to as “victim”) was the victim on September 16, 2015, and transferred all the rights incidental thereto while transferring the secured debt of the right to collateral security established on the instant vehicle to the PelC Loan Co., Ltd. (hereinafter “PelC Loan”). As such, the victim is no longer entitled to exercise the right to collateral security, so the victim cannot be deemed the victim of the instant crime, and the PelC Loan is a person who acquired the secured claim and did not register the transfer of the right to collateral security. Therefore, the Defendant cannot be deemed a person to collateral security.