A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Defendant 2019

1. Around 23. Around January 25, 200, when purchasing benz E300 passenger cars (E) in Gangnam-gu Seoul, Seoul, under a loan of KRW 71,330,000 from the victim F Co., Ltd. (hereinafter “victim Co., Ltd.”), the victim company and the “the victim company” shall repay 1,397,270 won each 60 months from January 23, 2019 to January 25, 2024, and the said vehicle shall not be subject to any voluntary disposition, such as transfer, lease, pledge, etc., without the victim’s consent until the full payment of the said installment was made, and the said vehicle completed the registration of the establishment of mortgage in the victim’s name as to the said vehicle.

Nevertheless, on April 23, 2020, the Defendant borrowed KRW 25 million from H, a credit service provider, at the office located near the G of the Suwon-si, Suwon-si, and delivered the said car to H, and concealed it by means of making it impossible for the victim company to find out the location of the said car.

In this respect, the Defendant concealed goods that were the object of the mortgage of the victim company, thereby hindering the exercise of the right to exercise the mortgage of the victim company.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a written statement prepared by the defendant's legal statement I, a written contract for creation of collateral security, an intermediate payment settlement statement, an agreement on installment financing, a notice of expected loss of time limit, decision, and investigation report (Evidence No. 9);

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

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of recommended sentences based on the sentencing guidelines: From one to eight months (any type of decision) (Interference with the exercise of rights). Type 1 (Interference with Special Sentencing): Reduction element: Non-won of punishment, and aggravation element: None area of mitigation [no area of recommendation].

3. Determination of sentence: Six months of imprisonment, and one year of suspended execution, the defendant shall have a motor vehicle which is the object of the mortgage of the victim company;