A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 19, 2016, the Defendant entered into a loan agreement with B K7 car purchase price of KRW 33,00,000,000 at a non-permanent place located at a grace period, and agreed to pay KRW 636,449,00 each month in a 60-month amount. On November 3, 2016, the Defendant set up a right to collateral security as a creditor on the said car by setting up a creditor as C in order to lose the benefit of time according to the loan agreement at the time of default and to immediately collect and manage the vehicle.

Since June 2018, the Defendant: (a) received KRW 5 million in cash from a bondholder on his own name at the E-house parking lot located in Seopopopo City D; and (b) transferred and concealed the said car; and (c) prevented the Victim F Co., Ltd., Ltd., who acquired the claim from C (State) on January 31, 2019 from exercising the mortgage on the said car.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A complaint, assets acquisition and delivery contract, notice of assignment of claims, content certification, register of automobiles, account statement of bonds, certificate of all registered matters, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 323 of the Criminal Act and Article 323 (Obstruction of Exercise of Rights) of the Criminal Act and the choice of imprisonment with prison labor;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the background leading up to the commission of the sentence, the security value of the vehicle at issue, the time of and against the commission of the crime, the fact that there is no record of the same kind of crime, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.