A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

On March 22, 2016, the Defendant: (a) purchased 1 unit of BMW 520D car; (b) purchased 30,000,000 won from the victim company each month between 36 months and 1,083,070 won on March 24, 2016; and (c) set up a mortgage on the bond value of 30,000,000 won as the mortgagee of the victim company against the said car on March 24, 2016.

On December 15, 2016, the Defendant provided the above vehicle as collateral and the location of the vehicle could not be known, while the principal of the loan remains in KRW 24,641,911.

Accordingly, the defendant has prevented the victim from exercising his rights by concealing things owned by the defendant, which are the object of the mortgage, which is the victim's right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act on the stay of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;