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 January 6, 2016, at the B office located in Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the “Songdong-gu”) around January 6, 2016, the Defendant: (a) purchased a passenger car with C New Daily R2.0 in the name of the Defendant; (b) loaned KRW 32 million from the victim D Co., Ltd. as the purchase fund for the said vehicle; and (c) agreed to pay the loan and interest in installments for 48 months; and (d) on the same day, the Defendant set up a collateral security right to the said vehicle with the obligor as the obligee, the victim as the mortgagee,

On November 2017, the Defendant borrowed KRW 11 million from a credit service provider who is unable to know his/her name, and transferred the said vehicle to the said credit service provider without the victim’s consent, as a security for the obligation to borrow the said vehicle, and the location of the said vehicle is unknown.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of a loan agreement, the register of automobiles, certification of the highest contents of return of mortgaged things, and application of the credit account statement statutes;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence: In consideration of the fact that the damage of the victim caused by the instant crime was not recovered due to six months of imprisonment, suspension of execution of two years, and the fact that the Defendant disposed of the instant passenger car and failed to pay installments thereafter, under the circumstances where the amount of the Defendant’s debt to the victim exceeds twenty million won.