A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 28, 2018, the Defendant received a loan from the victim C Co., Ltd. for a 48-month amounting to KRW 50 million in order to purchase BMW X6 (MWX6) cars at an insular place, and on around the 30th of the same month, the Defendant concealed the said automobile by having another person, such as D, operate the said automobile and by blocking contact with the victim, and making it impossible to deliver and execute the said automobile to exercise the victim’s security right.

Accordingly, the defendant concealed the above vehicle, which is the object of the right, and interfered with the victim's exercise of right.

Summary of Evidence

Investigation reports on the accused's protocol of suspect interrogation (information on suspects' telephone communications, suspect financial account transaction statement attached) and application for middle and long-term debate and document attached thereto, automobile mortgage agreement, decision on automobile auction and application of related Acts and subordinate statutes

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

1. The defendant's assertion and judgment under Article 62 (1) of the Criminal Act

1. The Defendant asserts to the effect that he did not conceal the instant vehicle.

2. Determination

A. However, according to the evidence of the judgment, the Defendant: (a) lent only the name of the representative of a corporation and the name of the owner of a vehicle to a third party although he did not actually intend to operate the vehicle; and (b) purchased the instant vehicle and completed the registration of ownership in the name of the Defendant; (c) concluded a credit transaction agreement with the victim for the purpose of purchasing the said vehicle in the above process, and (d) concluded a mortgage contract by providing the said vehicle as collateral with the victim.