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

On March 26, 2018, the Defendant purchased BMW 520D vehicles, and borrowed 60,30,000 won from the victim C Co., Ltd. as the purchase price for automobiles at a 60-month rate. On June 12, 2018, the Defendant created a mortgage on the said vehicle with the victim as the right holder on the amount of KRW 4,2210,00,000, which is 70% of the above price.

On May 10, 2019, the Defendant borrowed KRW 13 million from D, a bond business operator who became aware of through Internet advertisement in front of the Buddhist apartment located in the Dong-gu, Gwangju, North-gu, Gwangju, and did not verify the location of the said vehicle as security.

Accordingly, the defendant concealed the above vehicle which is the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each investigation report (the details of loans received, and related to the location of the vehicle);

1. Each register of automobiles (B) and the application of Acts and subordinate statutes of a debate agreement;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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: A sentence of imprisonment with prison labor for a period of four months, which is unfavorable to a one-year grace period: A restaurant operated by an insolvent financial institution around May 2019, where: (a) the victim recognized the crime and reflects his/her rights; (b) there is no record of criminal punishment exceeding a fine; (c) the victim does not want the punishment; (d) the victim paid the principal and interest of the share of the 14-month grace period; and (e) the financial situation has aggravated on or after May 2019.