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

On January 19, 2018, the Defendant purchased Dben E250 car from C Co., Ltd. located in Suwon-gu, Suwon-si, to repay KRW 996,970 each month to E Co., Ltd. by dividing principal and interest for 60 months, and granted a loan of KRW 42 million from the victim company. On January 22, 2018, the Defendant set up a mortgage on the said car owned by the Defendant with the claim amount of KRW 21 million in the victim’s name.

Nevertheless, on August 2018, the Defendant borrowed KRW 14 million from a person who was not the beneficiary of his name, and made it difficult for the Defendant to exercise the mortgage by getting the said passenger car to be transferred as a collateral.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes of the register of motor vehicles (A), certified copy or abridged copy of the register of motor vehicles (B), certified copy or abridged copy of the register of motor vehicles (B), a loan statement, and an application

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. The scope of the recommended sentence according to the sentencing guidelines [the scope of punishment] the obstruction of exercise of rights, etc. [the category 1] basic area of obstruction of rights (the scope of the recommended area and the recommended punishment], six months to one year; and

2. The punishment of a crime is not absolute, in light of the content of the crime determined to be sentenced, the degree of damage, and the non-agreement;

However, it shall be considered in favor of the fact that the defendant has divided his wrong and repaid his obligation, and that there is no record of punishment exceeding the fine, etc.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.