A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 2, 2013, the Defendant concluded an installment financing agreement with the victim Hyundai Capital Co., Ltd. to purchase D A6 automobiles from Gangnam-gu Seoul, Seoul.

The terms and conditions of the above Arrangement are 14,00,000 won for loans, 21.9% for installment interest rate, 36 months for repayment period, and the victim company set up a mortgage on the said car to guarantee repayment of the above loans on December 10, 2013.

However, around January 9, 2014, the Defendant borrowed KRW 6,000,00 from the office of the non-performing firm located in Yeongdeungpo-gu Seoul Metropolitan Government, and delivered the said car to the employees of the lending firm under his name for the purpose of securing the above loan.

Accordingly, the defendant concealed the goods owned by the defendant, which were the object of the victim company's rights, and obstructed the victim company's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the second higher examination table, application for loans, notification of the transfer of claims and acceptance of entrustment, the ledger of automobile registration, peremptory notice to the exercise of right to collateral security for automobiles, and statutes on loan transaction agreements;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from June to one year) of the sentencing criteria (the scope of recommended punishment) shall interfere with the exercise of rights;

2. Circumstances disadvantageous to the determination of sentence: The Defendant’s purchase of a passenger car with an installment loan from the injured party, and the installment was not paid at all, and the installment loan contract was terminated; the remaining principal of the loan is a certain amount of 13 million won and less; the circumstances favorable to the fact that the Defendant did not make any particular effort to recover from damage: the Defendant recognized the crime, and there was no record of criminal punishment since 2009.