A defendant shall be punished by imprisonment for six 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 January 30, 2013, when the Defendant purchased a rocketing car (C) under the name of the said company on or around January 30, 2013, the Defendant agreed not to arbitrarily dispose of the vehicle as purchased goods, such as transfer, lease, cancellation of registration, pledge and mortgage, without the consent of the victim, until all monetary liabilities are met, with a loan of KRW 26.8 million from the victim capital to the victim's 36-month payment.

2.4. In order to secure the loan, the victim created a mortgage on the above vehicle.

Nevertheless, when the Defendant did not pay at all the principal and interest of the fourth-time vehicle, the Defendant refused the victim’s demand for return of the said vehicle by means of failing to reside at the registered domicile on March 2014 and avoiding contact with the victim, etc., and was unable to identify the location of the vehicle, thereby hindering the victim’s exercise of rights by concealing the vehicle that became the object of the mortgage.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning D;

1. Application of an automobile installment financing agreement, the register of automobiles statutes;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act under the suspended sentence [Scope of Recommendation] Obstruction of Exercise of Rights (Obstruction of Rights) of Article 62(1) of the Criminal Act (Article 62(1) of the Act shall be determined as per the disposition in consideration of the following: (a) the mitigation area (Article 1 to 8 months); (b) the exemption area (special mitigation), the decision not to punish a defendant [decision