A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a worker in daily employment.

On September 1, 2015, the Defendant purchased a vehicle in Seocho-gu, Seoul, and used car sales company C building D, which is a used vehicle sales company, with a loan of KRW 40 million from the Seoul Jung-gu, Seoul, and G Bank for the victim, Inc., the 10th floor, to pay the purchase price for the vehicle. The Defendant owned the vehicle with a monthly amount of KRW 1,324,060 per annum 24.9% per annum for 48 months, with the victim on the registration ledger of the said vehicle as the mortgagee, and established a collateral mortgage of KRW 40 million as the bond value as the mortgagee.

On March 3, 2016, when the Defendant paid the principal and interest from five times to four times after the loan agreement, and did not pay the principal and interest, the Defendant concealed the vehicle by borrowing eight million won to H, a social successor, from August 1, 2017, and leaving the vehicle as collateral, although the Defendant written a letter of intent to return the vehicle to the employee of the victim by June 10, 2016 at the time the installment was not paid in full.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which is the object of the victim's right, and obstructed the exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of I;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the following) ;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) the basic area (6 to 1 year) of obstruction of exercise of rights (decision of sentence] : the Defendant’s age, character and conduct, family relation, family relation, home environment, motive and means of crime, circumstances after crime, etc.; and (b) the sentence as ordered is determined in full view of the following circumstances.

A favorable condition: The defendant shall commit the instant crime.