A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On May 4, 2013, the Defendant obtained a loan of 24,000,000 won for the above vehicle from the savings bank in order to pay in installments for 36 months, and completed the establishment of mortgage on May 8, 2013 by providing the above vehicle transferred to the victim under the name of the Defendant to the victim as security on the condition that it shall be repaid in installments from the bank in order to the victim, while purchasing the CK7 car at the Smart Financial Office, Inc., a used car dealer located in Bupyeong-gu, Jungcheon-gu, Seoul. 207-1.

The Defendant had reached approximately KRW 60,000,000 with debt, and had not been repaid in installments (two times of payment), provided the said vehicle as collateral, without the consent of the victim, around December 2013, by borrowing KRW 8,000,000 from the bond company (one name D).

Accordingly, the defendant concealed the vehicle owned by the defendant, which was the object of the victim's right, so that it can not grasp the location of the vehicle, thereby hindering the victim's rights

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Letters of D, application for loans, and register of automobiles;

1. Application of Acts and subordinate statutes to report on investigation (investigation into D)

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act was that the victim’s actual amount of damage caused by the instant crime was not recovered, and the Defendant’s real estate is not clearly in progress or in recovery of damage.

There is no record that the defendant was punished for the same crime.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.