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 became final and conclusive.

Punishment of the crime

On July 2, 2013, the Defendant obtained a loan of KRW 48.5 million from the “E” corporation to purchase a D Ecubic car from the “C” located in Suwon-si, Suwon-si, and agreed to pay the loan and interest thereon in installments for 36 months. On the same day, the Defendant set up a collateral security right of KRW 48.5 million at the bond price in the company’s future with respect to the said car as a security for the above principal and interest obligation.

Nevertheless, from February 1, 2014, the Defendant borrowed 16 million won from F to April 2014 without paying installments to the said company, and delivered the said vehicle as a collateral for a loan, and on May 20, 2016, the Defendant concealed the said vehicle, which became the object of the victim’s “G limited liability company” company that received the said claim from the said company, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application for mid-to long-term installment, written confirmation of acceptance of a vehicle, notification of acceptance of a claim, peremptory notice of exercise of a right to collateral security, register of automobiles and application of an asset acquisition agreement;

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

1. A suspended sentence under Article 62(1) of the Criminal Act provides that a person who fails to repay the secured loan of a vehicle for the reason of sentencing with the reason of sentencing as provided by Article 62(1) of the Criminal Act shall transfer the vehicle to another person to prevent the exercise of the right by the victim who is a security interest, and there is no reason to believe that the person does not faithfully attend the trial

However, it shall be considered in favor of the fact that the secured vehicle enters into a public auction procedure and the victim does not want to punish any more, that the defendant is going against and would not repeat again during the short-term confinement life, and other sentencing conditions specified in the pleading shall be comprehensively considered, and the sentence shall be determined in the same manner as the order shall be determined.