A defendant shall be punished by imprisonment for six 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 July 23, 2018, the Defendant obtained a loan of 32060,000 won from the Defendant Company B, a victim company, and purchased QM6 automobiles as collateral for the loan, and decided to set up a mortgage of 16,100,000 won for the above QM6 automobiles as collateral for the loan, but around December 2018, the Defendant transferred the said automobiles to the Defendant’s non-registered bond company near the Defendant’s office located in Gyeonggi-si, Gyeonggi-do to make it impossible for the Defendant to confirm its location.

Accordingly, the defendant concealed the passenger car owned by the defendant, which was the object of the mortgage of the victim company, and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes governing automobile registration information certificates;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person] and the basic area of recommendation, six months to one year.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years of probation, the defendant, during the period of probation, obstructed the exercise of rights by the mortgagees, thereby causing damage to the victim, and even if he did not agree with the victim, a severe punishment is needed.

However, some favorable circumstances are recognized, such as the confession of the crime of this case, the fact that the defendant is against himself, the fact that there is no previous crime, and the fact that the economic situation seems to lead to the crime of this case is not good. Other factors such as sentencing guidelines, the age of the defendant, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing circumstances.