A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 23, 2016, the Defendant agreed to the effect that, while purchasing one set of B B B B B B BT car, the Defendant financed the purchase price of KRW 23,000,000 and repaid KRW 432,989 each month for 60 months thereafter, the Defendant agreed to grant the said company a mortgage equivalent to KRW 23,00,000 on the said car as security, and on the 27th of the same month, the registration of ownership in the name of the Defendant and the establishment of mortgage on the said company was completed, respectively.

After that, the victim D corporation acquired the mortgage on the Defendant's installment claim and the car and notified the Defendant of the fact.

After the Defendant repaid the total amount of KRW 8,905,377 from July 10, 2016 to August 2018, the Defendant borrowed KRW 5,00,000 from E at a non-permanent place around September 17, 2018 and delivered the said car to E as collateral.

Accordingly, the defendant concealed his own property which was the object of the mortgage of the victimized company, thereby hindering the victim from exercising his right to exercise the right to collateral security.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with respect to F (including a loan certificate attached thereto and a copy of an automobile registration certificate);

1. Application of Acts and subordinate statutes to the complaint (including all attached documents);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of punishment [the scope of punishment] of obstruction of exercise of rights, etc. [the category 1], obstruction of exercise of rights, etc. [the elements of mitigation [the person specially punished]: Reduction area of punishment [the scope of recommendation area and recommendation area] mitigation area, imprisonment with labor for one month to eight months;

3. In light of the circumstances and methods of the instant crime, the Defendant’s mistake is disadvantageous in light of the nature of the instant crime.