The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From August 5, 2013 to April 14, 2014, the Defendant extended a total of KRW 15 million to the victim C’s 2nd floor in Yeongdeungpo-gu Seoul Metropolitan Government as security at the Yeongdeungpo Port Center of the victim C, Inc., the second floor of B building, and, in order to repay the above loan, on August 5, 2013, the Defendant created a mortgage on the claim amounting to KRW 10 million with respect to the above vehicle to the victim company, and on April 18, 2014, created a mortgage on the claim amounting to KRW 5 million with respect to the victim company.

On April 8, 2015, while the Defendant was operating a vehicle offered as security, the Defendant borrowed approximately KRW 3 million from a credit service provider on his/her name and provided the said vehicle as security, and the Defendant could not grasp the location of the said vehicle by the victim company and the victim company.

Accordingly, the defendant concealed the passenger car which is the object of the victim company's rights, thereby hindering the victim company's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Automobile register;

1. The loan transaction agreement;

1. Application of Acts and subordinate statutes of the assignment notification;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The scope of recommendation [a] on the sentencing criteria set forth in the sentencing criteria: The basic area [a scope of recommendation [a scope] 6 months - 1 year - the basic area (a scope of recommendation range] - the scope of obstruction of exercise of rights, etc.

2. Determination of sentence: 6 months of imprisonment, 2 years of probation, the remaining amount of debt (based on principal amount 1,4980,000 won), security value of the object of the crime at the time of the crime (the security value of claim 4,220,000 won was established, and multiple seizures were registered. At the time of the crime of this case, the loan amount of this case was KRW 3 million) and other Defendant’s age, character and conduct, environment, circumstances of the crime, and crime.