A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On April 2, 2012, the Defendant borrowed KRW 11,00,000 from the Nonghyup Capital of the damaged party to purchase the car in the name of the Defendant’s used car sales complex B located in Incheon, and established a mortgage on the above-mentioned vehicle as collateral for the above-mentioned loan obligation on the fourth day of the same month.

On October 2012, the Defendant sold 5 million won to a person who was dissatisfy in the name of the victim and prevented the victim from finding the above difference, thereby hindering the victim from exercising his rights by concealing his goods which became the object of the victim’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of an asset sale contract, a contractor's PV, an application for installment financing loans for a used motor vehicle, the C Motor Vehicle Registration Register (B), and the notification of the transfer of claims;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr. 1, 2