A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 27, 2013, the Defendant: (a) borrowed KRW 53 million from the Plaintiff Hyundai Capital Co., Ltd. to borrow KRW 53 million from the victim Hyundai Capital Co., Ltd; and (b) set up a mortgage on the said passenger car for the victim company; (c) on June 27, 2014, the Defendant borrowed KRW 7 million from the loan service provider on the early and irregular basis without confirming all personal matters, such as the name and contact details of the said loan service provider; and (d) provided the said passenger car as security without confirming the location of the said passenger car; and (e) made the location unknown.

Accordingly, the defendant concealed his own property, which was the object of the victim company's right, and obstructed the victim company's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Complaint;

1. Copy of an application for automobile installment;

1. Copy of the notice of transfer and consignment of bonds;

1. A copy of the peremptory notice regarding the exercise of right to collateral security;

1. A certified copy, abstract copy, copy or abstract of the Automobile Registration Register (A) , copy or abstract of the Automobile Registration Register (A) / The Defendant and his defense counsel shall claim to the effect that the act of recording criminal facts does not constitute “cidation” of the crime obstructing the exercise of rights.

On the other hand, concealment in the crime of interference with the exercise of rights refers to a situation where it is impossible or considerably difficult to discover the location of one's own property which is the object of another's right. According to the evidence duly adopted and examined by this court, the defendant did not confirm at all the personal information, such as the name and contact number of the credit service provider while offering a passenger car recorded in the crime as security to a lending enterprise, and it was impossible to identify the location of the above vehicle without confirming where the vehicle is located even thereafter. In the end, it is reasonable to view that the defendant's act of recording the crime constitutes concealment of one's own property which is the object of

Therefore, we cannot accept the above argument.

Application of Statutes

1. Criminal facts;