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 April 25, 2013, the Defendant extended a loan of KRW 23 million from C Co., Ltd. (DD) to raise funds to purchase a passenger car in the SPP, which is a high-class vehicle, for a period of 48 months, agreed to pay KRW 748,571 per month in installments for 48 months. On April 26, 2013, the Defendant set up a collateral security right of KRW 23 million for the said passenger car as collateral for the above loan.

From June 1, 2013 to September 1, 2013, the Defendant paid a total of KRW 3,100,876 won to C Co., Ltd. four times, and did not pay a total of KRW 21,802,870,00 in the balance of loans and interest. From July 2014, the Defendant borrowed KRW 6 million to a Buddhist lender at the French coffee shop located on Gangwon-do’s fixed line and delivered the said vehicle under the pretext of security, thereby making it impossible for C Co. and E Co., Ltd. (hereinafter “victim”) to grasp the location of the said vehicle.

In this respect, the defendant concealed his own property, which was the object of the victim company's rights, thereby hindering the victim company's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of an agreement of installment financing and misleading (application), notification of assignment of claims, and the register of automobiles statutes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., conditions of sentencing favorable to the accused among the reasons for sentencing following the period of suspended sentence);

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Scope of the recommended sentence based on the sentencing guidelines: One to eight months of imprisonment (decision of type): 1 (Obstruction of Exercise of Rights) (Special Mitigation) (Special Mitigation) - [including efforts to recover damage] of a person not subject to punishment (including the area of recommendation and the scope of recommended punishment - one month to eight months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for four months and one year of suspended sentence; and