A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On July 10, 2015, the Defendant borrowed KRW 25,700,00 from the victim Hyundai Capital Co., Ltd. (hereinafter “victimd Financial Company”) to purchase KRW 25,880,00 in the said money (hereinafter “the instant new car”) and made a transfer registration of ownership of the Defendant’s vehicle on September 1, 2015, the Defendant decided to pay the said loan over 36 months after setting up a mortgage on KRW 12,850,00 in the value of the instant new car.

However, the Defendant did not pay the fixed installment, and borrowed 10 million won from the credit service provider in the name of the vessel anywhere in Ulsan on May 2016, and transferred the car as security.

Accordingly, the defendant concealed his own property which was the object of another person's rights and obstructed the exercise of rights by the damaged financial company.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement on complaints filed in D;

1. Application of the accusation, output of inquiry of the loan ledger, motor vehicle registration ledger, and bond account statement under statutes;

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

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] The basic area (six months to one year) of Article 1 (Interference with Exercise of Rights) (the decision of sentencing) [the decision of sentencing] according to the sentencing guidelines, there are not a lot of points that the remaining principal of the loan is 19,694,621 won only, and the new difference of this case has not been recovered, and the fact that the new difference of this case is the first offender is prescribed in Article 51 of the Criminal Act.