A defendant shall be punished by imprisonment for not less than eight 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 October 23, 2018, the Defendant took out a loan of KRW 27 million from the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) in Seo-gu, Daejeon around October 23, 2018, and entered into a loan agreement with the Defendant to set up a right to collateral security and redeem KRW 714,433 per month for 60 months by providing the Defendant’s E-5 car as collateral. On the same day, the Defendant completed the registration of setting up a right to collateral security in the name of the victim Co., Ltd. with respect to the said car in the name of the victim Co., Ltd.

Nevertheless, on April 2019, the Defendant borrowed KRW 4 million from the street in front of the Furgian-gun, Chungcheongnam-do, Seoul Special Self-Governing Province as security, and transferred the said car to the bond company with no name and concealed the said car, thereby hindering the Defendant from exercising its rights.

Summary of Evidence

1. Defendant's legal statement;

1. G Police Statements;

1. Application of Acts and subordinate statutes to the complaint, report on details of request collection, C application for Oral collateral loan, content certification, protocol of non-delivery of automobiles, register of automobiles, and entire certificate of registration;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One month to five years;

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], the basic area of the recommendation, six months to one year.

3. Determination of sentence shall take into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and all sentencing factors indicated in the pleadings of this case, including the circumstances after the commission of the crime, and the sentence shall be determined as ordered and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

Conditions disadvantageous to him: this.