A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

On March 12, 2010, the Defendant purchased CM5 car in the name of the Defendant at the victim's social service Korea (State) office located in Geumcheon-gu Seoul Metropolitan Government Additional Digital 2, 30,000 won and received loans from the victim and set up a mortgage over the said car in an amount equivalent to 23 million won in the name of the victim.

Nevertheless, on January 2012, the Defendant borrowed 9 million won from the Seoul Fashnang in the Gangnam-gun, which is located in the Gangseo-gun, to offer the said car as security and deliver it to the needy, thereby making it difficult to find the location of the said car difficult.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (Submission of the motor vehicle register) and accompanying documents and statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., reflection of the fact that there is no particular criminal records, other than reflective crimes, one-time fine, and total amount of damage);

1. Social service order under Article 62-2 of the Criminal Act;