A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On May 18, 2018, the Defendant purchased BMW730D automobiles, and borrowed KRW 45 million from the victim's Dispute Resolution Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") to secure the Defendant's repayment of the above loan, and around May 18, 2018, the Defendant set up a right to collateral security against the said car owned by the Defendant, as to the claim value of KRW 45 million, the creditor, and the debtor as the Defendant.

Nevertheless, the Defendant suspended the payment of installments after August 15, 2018. Accordingly, around October 10, 2018, the Defendant was aware of the fact that D, an employee of the victimized Company, would be able to sell the said car at auction on the said car due to unpaid arrears. However, the Defendant concealed the fact that the said car was stored in E in the vicinity of the residence of the person E at a time of interest without the Defendant’s residence, and subsequently caused the victimized Company to be unable to identify the location of the said car.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the right of the victimized company, and obstructed the exercise of the right of the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning information on execution of delivery, application for debate, agreement on secondhand error, copy or abstract of motor vehicle register (A), scheduled notice of termination of contract, progress of delivery, status of progress of delivery, details of consultation on claims;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Extent of the recommended sentence according to the sentencing guidelines [the range of punishment [the range of punishment] of obstruction of exercise of rights, etc. [the category 1] and the elements of mitigation of obstruction of rights [the person who is a special person]: Reduction area of punishment (including efforts to recover damage), reduction area [the scope of recommending area and recommendation range] mitigation area, imprisonment with labor for one month to eight months;

2. Circumstances unfavorable to a ruling of sentence: The defendant;