A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On April 24, 2012, the Defendant borrowed 198 million won from the victim Aju Capital Co., Ltd. at an annual interest rate of 27.9%, and from June 2, 2012 to 36 months, on April 26, 2012, on the condition that the principal and interest was repaid between the victim's 19.8 million won in the purchase price of the said car at the D used car trading company located in the Dong-gu Seoul Special Metropolitan City. The Defendant created a mortgage on the said car on April 26, 2012.

On February 2, 2013, the Defendant repaid the principal and interest on six occasions out of the borrowed money to the victim, but did not pay the borrowed money any longer after then, and the economic circumstances were not good, and the said car was transferred to the victim with the registration certificate and the location of the said car becomes unclear.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A copy of the written contract to be fluored and the details on receipt of the principal and interest on each time discrimination;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger, and protocol of impossibility of delivery of motor vehicles;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [Scope of Recommendation] When an intentional crime was committed in the mitigated area (1 to 8 months) (1) [Special mitigated Persons], the vehicle was disposed of at least six times out of 36 installments, and there is no effort to recover damage until now.

However, in consideration of the fact that the defendant has committed an intentional act due to economic difficulty, the fact that the defendant has committed an intentional act, the fact that the defendant has not been convicted of a suspended sentence or more, and other circumstances such as the defendant's age, sex, environment, motive of the crime, and circumstances after the crime, etc., within the scope of the recommended punishment according to the sentencing criteria.