A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is the owner of treatment 25 tons car trucks, and the victim C Co., Ltd. is the installment financing company, which is a mortgagee of the said truck.

On July 9, 2014, the Defendant: (a) purchased the instant truck to engage in cargo transport business at the address address of the Chungcheong-gun; (b) prepared a written agreement on the second installment to pay 2,428,710 won each month the principal and interest of the victim and the truck purchase price of KRW 92,40,000 at one time until 2,77,657, and the second through 48 times; and (c) set up a collateral security right at KRW 64,680,000 by providing the said truck as collateral on July 31, 2014 after receiving the loan for the purchase price of the truck.

Nevertheless, the Defendant paid the sum of KRW 22,207,337,00 by May 20, 2015, and did not comply with the Defendant’s notification of the return of the said truck to the creditor, who was the creditor of the unredeemed amount, but did not comply with the notification. On July 2015, the Defendant provided the said truck as security and borrowed KRW 8 million to the creditor, who was unable to know the name at the king-dong (Sangdong-dong) and was unable to identify the location of the said truck.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. A loan statement;

1. An application for debate, etc.;

1. Business registration certificate / the register of automobiles;

1. Certificate of automobile transfer;

1. Application of Acts and subordinate statutes on details of receipt of the principal and interest of disposable discrimination;

1. Grounds for sentencing under Article 323 of the Criminal Act by applicable Articles of the facts constituting the crime and by selecting the penalty;

1. The scope of punishment by law: Imprisonment for one to five years;

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] and the basic area of recommendation [the scope of recommending a person], six months to one year.

3. Determination of sentence: Imprisonment; and