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 became final and conclusive.

Punishment of the crime

On March 21, 2012, the Defendant purchased Cenz passenger cars, registered ownership in the name of the Defendant, and entered into an installment financing agreement with the victim Filisung Capital Co., Ltd. on March 23, 2012 for the payment of the price therefor, and received a loan equivalent to KRW 81,908,400 in total as security (the terms of redemption in total of KRW 2,212,80 each month from the above contract date to March 23, 2016), and around March 27, 2012, the Defendant set up a right to collateral security at KRW 81,908,400 as mortgagee for the said passenger car on March 27, 2012.

Since then, at the time of the commencement of the repayment of the above loan, the Defendant borrowed money from the bond company with no knowledge of the name due to the aggravation of the economic situation in 2014 due to the aggravation of the above loan, and delivered the above car with the name of the bond company as collateral, thereby making it impossible for the victim to grasp the location of the vehicle.

As above, the Defendant concealed the said passenger car owned by the Defendant, which was the subject of the victim’s right to collateral security, and obstructed the victim’s exercise of rights by exercising the right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D prepared by the police;

1. A written agreement of installment financing, deposit status by contract, and application of statutes of a motor vehicle registration certificate;

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 (i.e., the confession and reflection, the imposition of a fine not exceeding twice, the imposition of a fine has no record of force, the imposition of a fine not exceeding twice, the imposition of a partial recovery from damage, etc.);