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

Around January 5, 2018, the Defendant borrowed KRW 40,000,00 from an employee in the name of the victimized company B(S) in an irregular area below Incheon, and offered the Defendant’s CWz car as security, and on the 12th of the same month, set up a collateral security right to the said car as a mortgagee, which is the claim value of KRW 20,00,000,000, and the mortgagee’s damage company.

Nevertheless, by November 30, 2018, the Defendant paid only KRW 5,114,777 out of the principal of the loan, and did not repay the remainder of the loan, but received KRW 12,00,000 from a loan company with mutual uncertainty at the end of the Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul”) around the end of 2018, and provided the said vehicle as security for transfer and transferred its possession so that the location of the said vehicle could not be discovered.

Accordingly, the defendant concealed his own property, which was the object of the right of the victimized company, and obstructed the exercise of the right of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written complaints of D;

1. Application for a middle and high-speed debate, motor vehicle register, and statutes applicable to a decision on auction of motor vehicles;

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 (The following extenuating circumstances among the reasons for sentencing);

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] and the basic area of recommendation, six months to one year.

3. The crime of this case is that even if the defendant establishes the right to collateral security with respect to a motor vehicle as a creditor, he cannot find the location of the motor vehicle by transferring his possession to another lending business entity. In light of the substance of the crime, the criminal liability is grave, and most of the damage of the defendant is not restored to the damaged business.