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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 16, 2013, the Defendant purchased BST5 car and borrowed KRW 13.4 million from Hyundai Capital Co., Ltd., and registered ownership in the name of the Defendant on July 19, 2013 and registered the mortgage of KRW 13.4 million in the name of Hyundai Capital Co., Ltd. on the same day.

On May 15, 2014, the Defendant began to delay the payment of installments, and on May 20, 2016, the Hyundai Capital Co., Ltd. transferred all of the above bonds and rights to the Defendant to the limited company specialized in the victim Echip EchiS first securitization and notified the Defendant of the transfer of the bonds around May 25, 2016.

On December 2, 2016, the Defendant borrowed KRW 3.5 million from a bond business operator who is not able to know his name through husband D in the vicinity of the Chungcheongnam-si, Chungcheongnam-si, and offered it as security, and delivered it, thereby hindering the victim’s exercise of rights by concealing the said car that became the object of the victim’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint;

1. Automobile registration certificate;

1. Documents and contracts on loan examination, and details of credit management;

1. Application of Acts and subordinate statutes on contract for acceptance of assets, notification of transfer of claims, verification of the details of entrustment, and details of delivery by mail;

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. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the exercise of rights, the absence of any type 1 [the scope of recommended punishment] (any person subject to special sentencing] (the scope of recommended punishment], the basic area of the punishment, six months to one year;

2. The decision-making nature of the sentence is not good and there is little possibility that the damage will be restored.

However, there is no history that the defendant recognizes the crime and is subject to criminal punishment.

It seems that the crime was planned from the beginning and the vehicle was not purchased.

In addition, the defendant's age, sex, economic situation, family relationship, motive and means of the crime, and circumstances after the crime.