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 November 11, 2013, the Defendant purchased the said vehicle from the Incheon Dong-gu B 115, and registered the said vehicle under its own name. On November 18, 2013, the Defendant granted a loan of KRW 17,500,000 from the victim Aju Capital Co., Ltd. and set up a right to collateral security of KRW 12,250,000 for the said vehicle as a mortgagee on November 18, 2013.

Therefore, even though the Defendant had well preserved the foregoing automobiles which were the object of the mortgage as above, the Defendant borrowed KRW 3,00,000 from the person who was unaware of his name while paying out KRW 7,90,899 out of the above loans and delivered the said automobiles for the purpose of securing the said automobiles.

As above, the Defendant concealed the Defendant’s vehicle that became the object of the victim’s right so that the location of the said vehicle can not be confirmed, thereby hindering the victim’s exercise of right

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint, the decision of the Incheon District Court (order for Delivery of Motor Vehicles), the protocol of impossibility of delivery of motor vehicles, the application for debate, the details of receipt of interest and interest

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the sentencing guidelines for recommendation [the scope of recommendation] under the category 1 (Obstruction of Exercise of Rights) and the basic area (6-1 year) of the sentencing guidelines; and

2. The Defendant’s decision on the sentence of this case recognized the crime of this case and reflects the fact that there is no record of the same kind of crime and the suspension of execution or above, under favorable circumstances, that there is no agreement with the victim shall be considered as unfavorable circumstances, and the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime shall be determined as ordered by the sentence.