A defendant shall be punished by imprisonment with prison labor for four 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 March 25, 2013, the Defendant purchased a franchise vehicle, and received a loan of KRW 34,600,000 from the victim Hyundai Capital Co., Ltd., and on the same day, set up a collateral security right of KRW 17,300,000 against the said vehicle as security for the above obligation.

Therefore, even though the Defendant, as seen above, properly stored the foregoing vehicle which was the object of the mortgage, he borrowed 11 million won from the non-name loaner around March 2014, and delivered the said vehicle for the purpose of securing the said vehicle.

As above, the Defendant concealed the location of the Defendant, who became the object of the victim’s right, so as to prevent the Defendant from confirming the location of the above vehicle, thereby obstructing the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A detailed statement of the loan examination table, the principal balance, the information on claims, and the records of progress;

1. Application of the Acts and subordinate statutes of a contract to a written complaint, a written complaint, a written application filed with a motor vehicle register, an automobile registration ledger, a bond sales certificate, and an asset transfer;

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, and the conditions of sentencing as shown in the trial process.

The crime of this case at a disadvantage: The defendant purchased the vehicle from the injured party, obtained a loan from the injured party as the price for the vehicle, set up a collateral, and delivered the vehicle to the credit service provider as the collateral and concealed it; the crime is not good in that it interfered with the legitimate exercise of the injured party's rights; and the degree of the injured party's damage is not significant, but the damage is recovered.