A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 25, 2016, the Defendant was sentenced to a suspended sentence of two years on June 2, 2016 by the Daejeon District Court due to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., which became final and conclusive on June 2, 2016.

Criminal facts

On October 23, 2014, the Defendant: (a) purchased a rocketing car in the name of the Defendant; (b) borrowed KRW 42 million from Hyundai Capital Co., Ltd.; (c) around October 27, 2014, on the security of the said car as a creditor, issued a mortgage of KRW 42 million with respect to the said car as to the value of the claim by using the Hyundai Capital Co., Ltd. as a security for the said obligation.

On May 23, 2016, the Defendant borrowed KRW 10 million from a loan company in the Haman Sknish on July 25, 2016 and provided it as security and provided it as security, despite the Defendant’s receipt of the above loan claim and mortgage against the Defendant on May 23, 2016, and requested the Defendant to pay the loan and refund the said car.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in D;

1. An application form for modern Capital, a notice on the transfer of claims, and a notice on consignment;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of a report on criminal investigation (Attachment to suspended sentence);

1. Circumstances unfavorable to the reasons for sentencing under Article 323 of the Criminal Act (Selection of Imprisonment) regarding the relevant criminal facts and Article 323 of the Criminal Act: The instant crime was committed during the suspension period of the execution of the sentence.

The victim suffered losses exceeding KRW 50 million, including legal expenses, due to the instant crime, and it is difficult to select the Defendant as a fine due to the failure to receive the payment of damages.

The favorable circumstances: A confession of the instant crime.