A defendant shall be punished by imprisonment for not less than eight 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 June 2012, the Defendant purchased a BIVIC car in Incheon, and received 15,00,000,000 won out of the purchase price of the said car from the victim Alsia Co., Ltd., Korea Co., Ltd., a financial company to be a vehicle, in an equal installment repayment method between 36 months. On July 2, 2012, the Defendant created a mortgage on the said car owned by the Defendant to the victim as a security for the said loan doctrine.

While the Defendant used the said car which was the object of the mortgage as above, the Defendant borrowed money from the pawned Line operator who was unable to know his name around October 2013, and delivered the said car as a collateral and was unable to grasp the location of the said car.

Accordingly, the defendant concealed the passenger car owned by the defendant, which is the object of the victim's mortgage, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared by C;

1. The application of the respective Acts and subordinate statutes stated in the motor vehicle registration ledger and the written agreement on the loan for purchasing of secondhand cars;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances deemed as the following grounds for sentencing);

1. The basic area [the scope of the recommended punishment] of the recommended punishment on the sentencing guidelines shall be six months to one year; and

2. In extenuating circumstances where there was no agreement with the victim who was sentenced to sentence and the failure to recover damage was unfavorable, the defendant was punished for the same kind of crime, there was no history of punishment heavier than a suspended sentence, and considering the favorable circumstances that led to the confession of the crime, and the amount of damage was taken into account within the scope of the recommended sentence, taking into account all the circumstances shown in the arguments of this case, including the amount of damage suffered by the victim, such as the age, sexual conduct, environment, and motive for the crime.