1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 21, 2012, the Defendant: (a) purchased a passenger car with C (hereinafter “the instant car”); (b) borrowed KRW 30 million from the Plaintiff’s Hyundai Capital Co., Ltd. to offer a mortgage on the instant car as collateral; and (c) borrowed KRW 15 million from a bond company with no knowledge of the name of the first policeman on February 2013; and (d) handed over the instant car to the Defendant as collateral, thereby making it difficult for the Victim to exercise the mortgage on the instant car; and (b) subsequently, the Defendant borrowed KRW 10 million from the bond company with no knowledge of the name of the first policeman on February 2013, and delivered the instant car to the Defendant with all the documents necessary for the ownership transfer registration of the instant car as collateral.

The written indictment states that the victim is a company specializing in the securitization of E.S. that took over the credit against the defendant from Hyundai Capital Co., Ltd., but in light of the fact that the transfer of the above credit took place on May 20, 2016, it is reasonable to deem that the victim of the crime of this case is a modern capital company.

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

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. A complaint;

4. Application of Acts and subordinate statutes of the Automobile Registration Register;

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

2. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 62 of the suspended execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Tangibles: Class 1 (Interference with Exercise of Rights), such as interference with exercise of rights - interference with exercise of rights;

B. There is no special sentencing factor:

(c) Scope of recommending punishment: Imprisonment with prison labor for up to one year;

3. Criteria for suspension of execution;

(a) Major reasons: None; and

(b)General reasons: not less than twice.