A defendant shall be punished by imprisonment for not more than ten 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 December 9, 2011, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for larceny in the Youngcheon District Court Young-gu Branch of Chuncheon District Court on June 21, 201, and the said judgment became final and conclusive on June 21, 2012.

Around October 5, 2011, the Defendant, at the 12th floor in the Seoul Special Metropolitan City Gwangjin-gu Office, purchased the 12th floor in the 2006-type D EcooS A car, concluded a installment financing contract to obtain a loan of 17 million won from the Solomon Savings Bank and to pay the loan over 36 months, and agreed not to arbitrarily dispose of the vehicle, the purchased goods, without the consent of the victim, until all monetary obligations under the installment financing agreement are met. A mortgage was created on October 6, 201 on the said amount of credit with the mortgagee as the victim.

Nevertheless, the Defendant refused to demand the return of the victim to the above vehicle on April 2012 and obstructed the exercise of the victim's right by concealing the vehicle which became the object of the victim's mortgage, even though the Defendant did not pay only the 355,669 won for the first installment and did not pay at all from the second installment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A report on investigation (Attachment of vehicle photographs);

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the fact that the defendant returned the vehicle to the victim, the equity in the case that the judgment is rendered simultaneously with the crime of larceny for which the judgment becomes final and conclusive, and the fact that the defendant reflects