A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On August 26, 2014, the Defendant purchased a B Track Car and received a loan of KRW 22,800,000 from a non-Korean Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) and registered the said car jointly as the owner of the Defendant and the Defendant’s wife C on August 29, 2014, and created a mortgage over the claim value of KRW 18,80,000 as the mortgagee on the same day.

The Defendant borrowed KRW 8,00,00 from a person whose name is not known at the Cheongju-si on December 3, 2014, and delivered the said car as security and caused the victim to difficult to find the said car, thereby making it difficult for the Defendant to enter into a voluntary auction at the Daejeon District Court on March 10, 2015, but became impossible to deliver the said car on April 3, 2015.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim company's rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A complaint;

1. An application for installment financing, a confirmation of the signature of the principal, family relation certificate, and the register of automobile registration;

1. Application of Acts and subordinate statutes on voluntary auction decision of automobiles and protocol of impossibility of delivery of automobiles;

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

1. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the suspended sentence under Article 62(1)(the grounds for sentencing [the scope of recommendation according to the sentencing guidelines] are the basic area (6 months to 1 year) of the Act on the Prevention of Exercise of Right (Interference with the Sentencing) [the decision of sentence] of the basic area (6 months to 1 year). The defendant returned the above car to the victim company on April 22, 2016, the victim company was the defendant's wife, the victim company was faced with an economic difficulties due to business failure, and there was no criminal history.