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

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

Punishment of the crime

On April 16, 2015, the Defendant purchased the EMW car in the name of the Defendant from the Da located in the North Korea-U.D., the Defendant borrowed 37 million won from the victim's main body capital (ju) in a 60-month amount from the victim's body capital to the 60-month amount. On the 20th of the same month, the Defendant set up a right to collateral security against the said car on the 20th of the same month.

Nevertheless, on May 2016, the Defendant borrowed KRW 20 million from the sub-defluent bond company in the French-dong, Gangnam-gu, Seoul and obstructed the exercise of rights by concealing the passenger car which became the object of the victim's mortgage, by making it difficult to identify the location of the car as a collateral.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaint of a merts capital company;

1. Application of an application for a financial product of a motor vehicle glag, details of deposit of a high-end household loan from an import, application of an automobile registration ledger, and a notice of expected loss of time limit;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

3. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentence] below, and other sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, crime records, etc. shall be determined as ordered by taking into account the following circumstances and other factors such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime.

The favorable circumstances: Recognizing the crime of this case, it is against the law.

After the crime, 5 million won was deposited for the victim.

There is no history of punishment for the same type of crime.

In light of the Defendant’s economic situation, etc., it cannot be seen that the Defendant purchased high-priced external vehicles to actually use, and the fact that it resulted in the instant crime only eight months after the purchase of external vehicles.