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

[Criminal record] On August 18, 2017, the Defendant was sentenced to a suspended sentence of one year in six months of imprisonment for fraud at the Jeju District Court, and the judgment became final and conclusive on August 26, 2017.

[2] On October 31, 2014, the Defendant: (a) purchased a car at a medium-sized store located in the Seoul metropolitan area, and (b) obtained a loan of KRW 30 million from the victim Matts E300,000 from the victim Matts E30 in order to pay the purchase price of the car; (c) obtained a loan by setting the lending period of KRW 36 months and interest rate of KRW 14.9% per annum; and (d) on the same day, acquired the said car under the Defendant’s name by registering the said car in the Defendant’s name, the Defendant established a mortgage on the said car as “a mortgagee A (Defendant)” for securing the said loan.

As such, although the above benz car was the object of the victim's mortgage, it should not interfere with the exercise of rights based on the mortgage, such as disposal or concealment of the victim's mortgage, the defendant borrowed 20 million won from the fenz to E at the fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz's fenz.

Accordingly, the defendant concealed the passenger car owned by the defendant, which was the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (line E phone investigation for witnesses);

1. Applications for heavy loan, registers of motor vehicles, and details of comprehensive vehicle taxes;

1. Previous convictions: Inquiry into criminal history, investigation reports (report on the result of confirmation of the previous convictions of the disposition), and application of statutes of the judgment;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Suspension of execution;