A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 12, 2019, the Defendant: (a) purchased BK3 car at an unspecified place; (b) agreed to borrow 15 million won from the victim C Co., Ltd. to repay the principal and interest by equal repayment method for 60 months thereafter; and (c) on March 14, 2019, the Defendant established a right to collateral security equivalent to KRW 7.5 million in the victim’s name on the said car.

Nevertheless, the Defendant borrowed KRW 3 million from the credit service provider in the name-free place around that time and provided the said car as security so that the victim could not grasp the location of the said car.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Complaints of C stock companies;

1. Application of Acts and subordinate statutes to the documents to be submitted by the complainant (application for motor vehicle financing, motor vehicle register, etc

1. Relevant Article 323 of the Criminal Act concerning the crime, Article 323 of the choice of punishment, Article 323 of the Criminal Act, the fact that the defendant with reasons for sentencing choose of imprisonment is in progress by service of public notice because he/she has been absent in the trial, the degree of damage, the criminal records

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

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] shall be decided as per Disposition, taking into account the following factors: (a) there is no [the first category] interference with another’s exercise of one’s right (the scope of the recommended and recommended sentence]; (b) the basic area of the recommendation and the scope of the recommended sentence; (c) six months to one’s imprisonment;