A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 5, 2012, the Defendant purchased one motor vehicle from the Seoul Special Metropolitan City Gwangjin-gu (Seoul Special Metropolitan City Gwangjin-gu) in the name of the Defendant, and borrowed KRW 25 million from one victim capital Co., Ltd., and completed the registration of mortgage creation with respect to the foregoing vehicle as the victim on the same day.

However, from September 2012, the Defendant did not pay installments three times or more, and the Defendant sent a certificate of the content that the victim would have to voluntarily sell the said vehicle from May 26, 2015 in order to recover the total amount of KRW 41,331,940, such as the balance and interest of the loan.

After that, the Defendant, upon receiving the above demand from the injured party for the return of the vehicle, concealed the goods that became the object of the victim’s right by not notifying the victim of the location of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. E statements;

1. A non-financial agreement to be made, a business registration certificate, a part of registered matters, a certificate of credit transfer, a notice of credit transfer, a certification of contents, the head of the debtor, a deposit details,

1. Application of Acts and subordinate statutes to a report on investigation (unreturn of suspect vehicles);

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act, the reason for suspended execution; and

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not interfere with the exercise of the right, the basic area (from June to one year) (the person who is subject to special sentencing];

2. Determination of sentence: Imprisonment with prison labor for six months or one year of suspended execution, and the act of obstructing the exercise of rights is not good enough to commit such act because the defendant purchased the vehicle in installments and did not perform his duty to return the vehicle to the financial institution which intends to recover the vehicle due to the overdue payment;

However, the defendant is led to confession and reflect.