A defendant shall be punished by imprisonment for six 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 October 2, 2018, the Defendant purchased one set of 15,000,000 won from the victim B Co., Ltd. while purchasing one set of 15,000,000 won from the used cars trading store located in Suwon-si, and agreed to repay the principal and interest of 571,757 won each at the 14th day of each month for 48 months. On October 5, 2019, the Defendant established a mortgage on the claim value of 7,50,000 won as the mortgagee against the instant vehicle as the collateral for the said loan.

On or after May 14, 2019, the Defendant was unable to repay the principal and interest of the loan, and the victim visited the Defendant’s residence to execute the delivery of a motor vehicle in accordance with the decision of the Daegu District Court C on August 27, 2019. However, around May 20, 2019, the Defendant borrowed KRW 2,500,000 from “E” located in the Daegu Dong-gu, Daegu District Court D, and concealed the location of the instant vehicle by offering the instant vehicle as security and delivering it to the Defendant.

Accordingly, the defendant concealed the above lawsuit and the car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes of the mid and long-term debate application, protocol of non-delivery of motor vehicle, copy and abstract of motor vehicle register (A), and pawned loan agreement

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction, etc. of another’s exercise of rights [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;

2. In full view of the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., and the various conditions of sentencing as shown in the argument of the case, the sentence is ordered.