A defendant shall be punished by imprisonment for six 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

On April 16, 2013, the Defendant purchased the 14 million won car from Hyundai Capital Co., Ltd., by borrowing the 1,4 million won car from Hyundai Capital Co., Ltd., and entered into a middle loan agreement for 36 months on the condition that the 528,000 won of installments shall be repaid on the 25th day of each month, and established a mortgage in the name of Hyundai Capital Co., Ltd. on the said car as security.

However, on July 2013, the Defendant borrowed 3 million won from a loan company’s name to a loan company’s name in which it is impossible to identify the trade name in the used car trading complex located in the Dong in Jin-gu, Jin-gu, Seoul at the time of the preceding week, and offered the said car as security, but eventually, the Defendant could not recover the location of the said car without paying the loan.

Accordingly, on May 23, 2016, the Defendant: (a) concealed the said K5 car owned by the Defendant, which was the object of the right of a limited company specialized in the securitization of the company, E.S., the Defendant transferred the claim from Hyundai Capital Co., Ltd.; and (b) interfered with the exercise of the right by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the notification of receipt and processing of applications for registration of the transfer of assets, etc. to the debtor's basic information, applications for Hyundai Capital's loan, notification of the transfer of bonds and acceptance of entrustment, peremptory notice on the exercise of a right to collateral security, summary notice on the acquisition of assets

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] that prevent the exercise of the right, which is set forth in the sentencing guidelines, and there are no types 1 (Interference with the exercise of the right) [the scope of recommended punishment] [the scope of recommended punishment] and the basic area [the scope of recommended punishment] from six months to one year

3.In this case, the decision of sentence shall be the person who shall be injured by the wind that the defendant shall leave the K5 car which is the subject of the victim's rights as security to the bond company.