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

around May 8, 2018, the Defendant borrowed KRW 28 million from the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) in order to raise funds for purchase of the CMW passenger car at the company of the Incheon Middle High World Trade Co., Ltd. (hereinafter “victim Co., Ltd.”).

Although the Defendant received a loan as above and intended to set up a mortgage on the claim amounting to KRW 14 million in respect of the said car as security for the principal and interest of the loan to the victim company, on May 2018, the Defendant made it impossible to identify the location of the said car by allowing F through E to lease the said car for a long period of KRW 15 million.

Accordingly, the defendant concealed the object of the victim company's right and interfered with the exercise of the victim company's right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. A certified copy or abridged copy of the automobile register;

1. Application of the Acts and subordinate statutes concerning the details of credit balance and the payment of arrears;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act to bear the costs of lawsuit under Article 62-2 of the Social Service Order 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. Determination of sentence: Four months of imprisonment, one year of suspended sentence, the Defendant purchased the instant vehicle for the purpose of providing the vehicle necessary for the E vehicle siren business from the beginning, and it appears that there was no particular interest in the repayment of the principal and interest of loan or the location of the vehicle from the beginning, and the nature of the crime is inferior.

Provided, That the defendant is erroneous, and the defendant is a victim.