A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 29, 2010, the Defendant borrowed KRW 17,000,000 from the victim Hyundai Capital Co., Ltd. as the purchase price for vehicles, and set up a mortgage on the said vehicle as security, such as “the Defendant and the mortgagee,” “victim of the mortgagee,” and “17,00,000,000,00” on the said vehicle. However, on February 29, 2013, the Defendant provided the said vehicle as security by borrowing money from a credit service provider under the name of the non-titled loan and allowing the said vehicle to be distributed in the so-called large lane.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The motor vehicle registration ledger (A) (B);

1. Application of Acts and subordinate statutes on loan agreements and details of loan payments;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 200,000 won based on the principal amount after partial repayment of loans)