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

[criminal power] On January 17, 2013, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for special larceny, etc. from the Busan District Court’s Branch Branch on January 17, 2013, and the said judgment became final and conclusive on February 1, 2013.

【Criminal Facts】

On February 23, 2012, the Defendant obtained a loan of KRW 30,300,000 from the victim Lee Jong-man Capital Co., Ltd., and purchased KRW 30,30,00,00 for KRW CK5 vehicle. On the same day, the Defendant created a mortgage on KRW 26,10,000 on the said vehicle as security for the above-paid loan to the victim.

However, around July 23, 2012, the Defendant borrowed KRW 10 million from “E” from “E” in Seoul, Gangnam-gu, Seoul, and offered and delivered the said car as security to “E” without the consent or consent of the victim.

Accordingly, the Defendant concealed the Defendant’s car, which was the object of the victim’s right, and obstructed the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application for and/or agreement of automobile installment financing, details of planning and receipt, register of automobiles, standard contract for loan transaction, notice of loss of time limit, and text of decision;

1. Investigation report (report on the results of G call of witnesses);

1. Previous records of judgment: Application of criminal records, investigation reports (verification of the fixed date of judgment and attachment of judgment) and statutes;

1. Article 323 of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The fact that the defendant repents wrongs and is taken into account the age, etc. of the defendant);

1. Probation and community service order under Article 62-2 of the Criminal Act;