A defendant shall be punished by imprisonment for six months.

except that 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 26, 2018, the Defendant purchased BM6 vehicles at a mutual infinite store located in Bupyeong-si, the Defendant borrowed KRW 28,100,000 from the victim C while obtaining a loan from the victim C. On March 27, 2018, the Defendant created a right to collateral security with the victim’s maximum debt amount of KRW 14,050,000 for the said vehicle, which became the object of the victim’s right.

Nevertheless, around April 3, 2018, the defendant, at the defendant's house located in D, received KRW 6 million from E and concealed the above vehicle, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A complaint;

1. Application of the mid- and long-term debate agreement, guidance on expected loss of term interest, electronic data, payment details, decision on commencing voluntary auction, protocol of non-delivery of automobiles, and the register of automobiles statutes;

1. Article 323 of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for suspended sentence”), [the scope of recommendation and recommendation] basic area, and the period from six months to one year: Obstruction, etc. of obstruction of another’s exercise of one’s right” [Class 1] under Article 62(1) of the Criminal Act (hereinafter “the reason for suspended sentence”), it is inevitable to choose a sentence of imprisonment in that it did not recover from damage even if there are no considerable amount of damage, and did not receive any tolerance from the victim.

However, the execution of the sentence shall be suspended in consideration of the fact that the defendant had lived faithfully before the crime of this case without any previous conviction and is seriously against the crime of this case, and other circumstances that form the conditions for sentencing, such as the defendant's age, character, conduct and environment, shall be comprehensively taken into account, and the sentence shall be determined as ordered within the scope of the recommended sentence.