A defendant shall be punished by imprisonment for 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 July 28, 2015, the Defendant purchased the B Benz car at a Buddhist area in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as Seocho-gu) and was granted a loan of KRW 44 million from the victim Matts Capital Co., Ltd. with the purchase price, and around July 29, 2015, the Defendant established a mortgage on the claim value of KRW 44 million with the victim as the mortgagee.

On July 2017, the Defendant provided the said car to C as a security for the Defendant’s debt of KRW 20 million to the above Defendant C at a Buddhist area not exceeding Seocho-gu Seoul, Seocho-gu, Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaint of a merts capital company;

1. Each investigation report (to bound the original register of motor vehicle registration, and hear monetary statements of witnesses C);

1. An application form for a motor vehicle financial product with a metrogy, a notice of termination of each contract, and a detailed statement of loss of time limit;

1. Application of Acts and subordinate statutes to motor vehicle registration certificates and the original register of motor vehicles;

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 circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] basic area [the scope of the recommended punishment] from six months to one year [the person subject to general sentencing] - Reduction elements: The remote reflective area;

2. Whether to suspend the execution (general extenuating circumstances) - positive: Serious reflection.

3. The criminal defendant's crime of sentencing is to prevent the victim from exercising his/her legitimate right by concealing the mortgaged vehicle by means of providing it as security for the individual's obligation when he/she obtains installment loans from the injured party to purchase the vehicle;

The defendant is unable to recover the above vehicle eventually, and the defendant is money.