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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 11, 2017, the Defendant purchased Cubs B, and received a loan of KRW 21.9% per annum with the victim C Co., Ltd. and paid the vehicle price of KRW 20 million on the condition of KRW 629,030 per annum 48-month loan period, and created a mortgage over the said vehicle with the bond price of KRW 10 million in the name of the victim.

While the Defendant repaid the above loans on April 19, 2018, the Defendant was unable to repay the loans from around April 19, 2018, and the victim urged the Defendant to deliver the vehicle to repay the remaining debt in lump sum or sell the vehicle voluntarily due to the loss of the benefit of time. However, on October 23, 2018, the Defendant refused to deliver the vehicle by concealing the said vehicle.

As a result, the defendant concealed the above vehicle which was the object of the victim's rights and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of accusation forms, application forms for loans on mistake, register of motor vehicles, agreement on loans on a secondhand loan, details of collection activities, request for delivery of mortgaged motor vehicles, request for delivery of mortgaged motor vehicles, and application of statutes of the Credit Guarantee and

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person], the basic area of the recommendation, six months to one year.

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, such as the defendant's age, character and conduct, environment, and criminal records, which form the conditions of sentencing as shown in the proceedings and arguments.