A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 9, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Seoul Western District Court for fraud, and the said judgment was finalized on January 17, 2015. On July 1, 2016, the Incheon District Court sentenced eight months to imprisonment with prison labor for fraud, etc., and the said judgment became final and conclusive on September 23, 2016.

On March 14, 2013, while purchasing Ck5 automobiles, the Defendant agreed to pay the principal and interest of KRW 24 million to the total amount of loans for 60 months while concluding an automobile installment contract with Hyundai Capital of the Victim, and on the same day, the Defendant set up a collateral security interest of KRW 24 million to the victim on the same day.

Nevertheless, around June 2013, the Defendant borrowed 3 million won from the person who was not injured in his name in Gangnam-gu, Seoul, and provided the said car as security and made it impossible to know the location of the vehicle.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A contract for acceptance of transfer, notice of transfer of claims, certificate of the highest contents of exercise of rights, application for installment loans, register of automobile registration, and statement of bonds;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification date of confirmation of judgment), and application of a copy of judgment statutes;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Act on the Suspension of Execution is a single concurrent crime for the reason of sentencing under Article 37 of the Criminal Act, and the sentencing criteria do not apply.

The transfer of the vehicle purchased by the loan to the bond company causing significant damage to the victim, and most of the damage has not been recovered, the defendant led to the confession of the crime of this case and reflects it. The crime of this case is in the relation of concurrent crimes between the crime for which judgment has become final and the crime of this case after Article 37 of the Criminal Act, such as the first head of the crime, should be considered at the same time as the crime of this case and the crime