A defendant shall be punished by imprisonment for not less than five months.

except that 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 March 6, 2015, the Defendant obtained a loan of KRW 11 million from B, and purchased C SP car as a collateral for the loan, and set up a collateral security of KRW 11 million on the said SP car. On May 1, 2018, the Defendant: (a) on November 2018, the Victim D succeeded to the said collateral security; (b) on November 2018, the Defendant delivered the said car to the Non-resident on his/her name at the parking lot front of the ESFdong, Y-dong, YU, 2018, and made it impossible for the Victim Company to confirm the location of the said car.

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. Written statement on the complaint, supplement of complaint against G;

1. Application of Acts and subordinate statutes of an asset transfer agreement, a notice of assignment of claims, an agreement for application for automobile loan, and the register of automobiles;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of a type]: Obstruction of Exercise of Exercise of Rights, etc. [Class 1] No person [the scope of recommending area and recommending person] interference with exercise of rights [the scope of recommending person] [the scope of recommending area and recommending person] basic area, six months to one year [the general person] mitigation element: No record of criminal punishment [the grounds for suspending execution] - No record of major pride: no record of criminal punishment.

3. Determination of sentence: Imprisonment with prison labor for five months and suspended sentence for two years, the Defendant interfered with the exercise of the right by the mortgagee, thereby causing damage to the victim, and the penalty is required due to the failure to reach agreement with the victim. However, some favorable circumstances are recognized, such as the Defendant’s confession of and reflect against the instant crime, the first offender, and the progress of individual rehabilitation cases, which seem to lead to the instant crime, as economic conditions are not good.