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 becomes final and conclusive.

Punishment of the crime

On December 11, 2018, the Defendant borrowed KRW 39,400,00 from the victim B Co., Ltd. (the condition of repayment of the principal and interest equal amount of KRW 905,570 per month between 48 months) from the victim B Co., Ltd. (the condition of repayment of the principal and interest equal amount of KRW 905,570 per month between 48 months), which is owned by the Defendant on December 18, 2018, set up a mortgage on the debt amount of KRW 39,40,000, the mortgagee as the victim, the debtor and the mortgagee as the Defendant.

On July 2019, the Defendant borrowed KRW 8 million from a non-filled loan service provider in the Gamban-gun, Seowon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City, 31,039,132) and transferred the said car to the Defendant, which was the object of the victim's mortgage, as a collateral, thereby hindering the victim from exercising his/her rights by concealing the said car.

Summary of Evidence

1. A criminal defendant's statement in court;

1. Application for loan, guidance to lose benefit of time, register of automobiles, decision of voluntary auction of automobiles, application of Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to the facts of crime and Article 323 of the choice of punishment: Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (the scope of the sentence of recommendation and punishment according to the sentencing criteria shall be taken into consideration, such as imprisonment for not less than six months to one year, confession of a crime, and the primary offender);

1. Social service order under Article 62-2 of the Criminal Act;