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 May 26, 2010, the Defendant purchased BK7 car at the point of origin of a car at the Bag-Eup located in the local government of the Republic of Korea, and received the said car as collateral from the victim Aju Capital Co., Ltd., and received the automobile installment loan of KRW 34 million from the victim, and created a mortgage on the cause of the claim value of the said car at the mortgagee.

Nevertheless, the Defendant: (a) performed only a total of KRW 12,295,224 (18 times out of total 60 installments) out of the principal and interest to be paid pursuant to the installment agreement; and (b) performed an act of exercising the victim’s right by concealing the said vehicle to ensure that the location of the said vehicle owned by the Defendant, which was the subject of the victim’s right, can not be confirmed by delivering the said vehicle to the person who was named in the name of the non-defluent district of Suwon-si on September 2012

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Copy of a loan agreement;

1. Automobile register;

1. Application of Acts and subordinate statutes to copies of principal and interest received;

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

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Not more than five years of imprisonment;

2. Application of the sentencing criteria [decision of a type] Obstruction of Exercise of Rights, Obstruction of Exercise of Rights, and Obstruction of Rights (Obstruction of Rights) No. 1 [Special Convict] (Recommendation Field and Recommendation Sentence] basic area, 6 months to 1 year.

3. The fact that the amount of damage suffered by the victim due to the instant crime is a large amount of 6.8 million won, and that the Defendant’s damage was not completely recovered is disadvantageous to the Defendant.

However, the fact that the defendant both recognizes and reflects his mistake, the defendant has no record of committing the same kind of crime, and there is no record of criminal punishment for the last ten years;