A defendant shall be punished by imprisonment for four 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 February 27, 2013, the Defendant purchased one of the vehicles located in the Gangseo-gu Seoul Metropolitan Government (ju) U.S. S. S. CFF car (secondhand car) at the office of the Defendant, and the Defendant borrowed the above vehicle sales amount from the victim’s “Mog Capital Co., Ltd., Ltd.,” with the terms of “21,000,000 won, 36 months, and 867,501 won on the 25th of each month.” In order to secure the above loan’s obligation, the Defendant established a collateral security right with the obligee of the said vehicle as “Mog Capital Co., Ltd.”

In the event that the Defendant was unable to prepare the repair cost even though it was damaged to meet the repair cost amounting to KRW 10,000,000 for the above vehicle, it could not be used to arbitrarily scrap the above vehicle without contact with the above victim, and the Defendant could not have the victim execute the mortgage by arbitrarily scrapping the above vehicle without contact with the victim, under the circumstance that the Defendant did not repay the remaining loans (19,797,923 won in the balance of the principal of the loan) three times to the above victim.

Accordingly, the defendant damaged the defendant's vehicle which is the object of another person's right and obstructed the victim's exercise of rights on the above vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. An application for a loan of modern capital, a copy of a certificate of seal impression, and the register of motor vehicle registration;

1. A report of investigation (in case of B Vehicle Tcs Inquiry) (Application of the Act and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of punishment for the crime (the following extenuating circumstances among the reasons for sentencing shall be considered):

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The reason for sentencing under Article 62-2 of the Act [the scope of recommended punishment] is that there is no basic area (six months to one year) (the person who is subject to special sentencing] [the decision of sentencing] [the decision of sentence] that has not been recovered from the damage caused by the instant crime until now.

However, the defendant himself.