A defendant shall be punished by imprisonment with prison labor for up to 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 November 28, 2016, the Defendant purchased one motor vehicle for the passenger car located in the Nam-gu Incheon Metropolitan City, Seoul Metropolitan City, 49, and borrowed 18,40,000 won as the purchase price for the passenger car from the HK Savings Bank, the victim HK Savings Bank, 17.9% of pension interest rate, and 48 months as the equal repayment condition, and around December 1, 2016, the Defendant created a mortgage on the said passenger car at the bond price for the victim’s loan amount.

Nevertheless, on March 17, 2017, the Defendant borrowed KRW 3,000,000 from a non-name loaner on the name of March 17, 2017, and set up a mortgage on KRW 3,000,000 for the said car. On April 2017, the Defendant offered the said car as security to the above loaner and transferred it to the above borrower.

Accordingly, the defendant concealed the defendant's car which is the object of the victim's mortgage and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by the HK Savings Bank;

1. Investigation report (Contact of the suspect's present residence and the suspect involved in the vehicle);

1. Application of Acts and subordinate statutes to loan application/a summary of a summary thereof, C Motor Vehicle Registration Register, loan ledger, etc., notification letter scheduled to lose a benefit of time and the current status of dispatch;

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 (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The reason for sentencing under Article 62-2 of the same Act [the scope of recommended punishment] shall be the basic area (six months to one year) (no person who is subject to special sentencing] and the extent of comparative sentence with recommended punishment: six months to one year [the decision of sentence], which is disadvantageous to the defendant, no damage is recovered. 8 times (one time of imprisonment with prison labor, one time of suspended sentence, and six times of fine). The circumstances favorable to the defendant are somewhat significant. The error is recognized.