A defendant shall be punished by imprisonment for six 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 November 1, 2012, the Defendant purchased one motor vehicle for Ebenz Sls AMG motor vehicle in Seocho-gu in Seocho-gu Seoul, and received installment financing of KRW 200,000,000 from the Defendant’s non-victim social service Korea Co., Ltd. (hereinafter “damage Co., Ltd.”) that took advantage of the victim’s purchase price of the motor vehicle, and paid KRW 4,756,936 each month for 60 months thereafter. As a security, the Defendant created a right to collateral security at KRW 200,00,000 for the said motor vehicle, and on November 2, 2012, the Defendant created a right to collateral security at KRW 20,000 for the damaged company’s claim value and registered the establishment of a right to collateral security on the same day respectively.

From December 5, 2012 to August 13, 2015, the Defendant continued to pay 147,825,551 won in 50 installments on a 50-time basis, and at around August 2015, the Defendant was notified by the victimized Company that “the said vehicle was lost a benefit of time and was handed over to a creditor to whom the name of the victimized Company could not be known,” but the Defendant transferred the said vehicle to the effect that “the said vehicle was transferred to the creditor to whom the name of the Plaintiff could not be known.”

Accordingly, the Defendant concealed his own property which was the object of the mortgage of the victimized company, thereby hindering the exercise of the right to collateral security by the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of delivery of text messages, written statements (F), written statements (a contract confirmation document, receipt, and an automobile registration ledger), and written agreement of an erroneous discussion;

1. Application of Acts and subordinate statutes to each motor vehicle delivery impossible protocol;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the conditions of all the sentencing recorded in the records, such as Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: A vehicle purchased by a loan shall be transferred to another person and shall be large to the victim company.