A defendant shall be punished by imprisonment with prison labor 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 December 27, 2013, the Defendant was given a loan of KRW 25,00,000 from the Hyundai Capital Co., Ltd., and agreed to repay KRW 416,000 per month, and the Defendant created a mortgage on the Defendant’s low-priced car of KRW 25,000 for the obligee as the victim, and the claim value of KRW 25,00,000.

Nevertheless, the Defendant borrowed KRW 8,00,000 from a credit service provider in Pyeongtaek-si on October 2017, the Defendant did not confirm the personal information of the credit service provider, such as contact information, and did not confirm the location of the said vehicle as security, and did not confirm the location of the said vehicle.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and interfered with the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [the scope of recommended punishment] set forth in Category 1 (Obstruction of Exercise of Rights) (one month to eight months) (including special mitigation factors) for mitigation areas (including serious efforts to recover damage);

2. The Defendant: (a) paid the installment of the vehicle up to 23 occasions in 60 instances; (b) provided the car as security to the credit service provider due to economic difficulties; (c) after the instant indictment, the Defendant found the low-priced car from the credit service provider and delivered the car to the Defendant, the assignee of the victim’s claim, and agreed with the complainant.

The defendant does not have the same criminal records.

In full view of the above circumstances, the punishment as ordered shall be determined as above.