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 February 5, 2013, the Defendant concluded a loan agreement with 12,500,000 won for vehicle purchase, and set up a mortgage on the 3rd passenger car owned by the Defendant as mortgagee and the 12,500,000 won for 12,50,000 won for 25,000 won.

Nevertheless, on November 2013, 2013, the Defendant sold the said car to the person who was absent from his name without the consent of the victim, and made it impossible for the victim to grasp the location of the said car, thereby making it impossible for the victim to execute a mortgage to recover the principal and interest of 22,854,40 won in arrears.

Accordingly, the defendant, which was the object of the victim's mortgage, concealed the car owned by himself, thereby hindering the victim's exercise of mortgage.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The register of automobiles and the application for installment financing contract; and

1. Application of Acts and subordinate statutes to an investigation report (to hear a complainant's telephone statement), investigation report (to attach the balance table of claims);

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

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

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The Defendant alleged that, around November 2013, the instant vehicle was sold and promised to repay the loans to the victim by the buyer, and thus, it was not thought that selling the instant vehicle would hinder the victim’s exercise of rights.

Therefore, the defendant has no intention to obstruct the exercise of right.

2. Determination

A. In the case of interference with the exercise of rights, an intentional act is a person's own property which is the object of possession or right of another person, and there is a perception that it interferes with the exercise of rights of another person by taking, concealing, or destroying it, it shall be sufficient, and do not do so.