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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 25, 2014, the Defendant: (a) obtained a loan of KRW 36,500,000 in total from the victim company to the condition that the victim company would change from August 25, 2014 to 48-6,000 on a condition that the victim company would change one vehicle from the victim company's name in the course of purchasing one vehicle from the modern automobile mountain site located in Yongsan-gu, Yongsan-gu, Seoul at the location of Yongsan-gu, Yongsan-gu, Seoul; and (b) received a loan of KRW 36,50,000 in total from the victim company to the creditor; and (c) around January 25, 2016, it was difficult to detect the location of the above vehicle by borrowing KRW 1,000,000 from the victim company's name in the name of the non-resident company from the non-resident elementary school near Gyeyang-gu, Gyeyang-gu, without the consent of the victim company; and (d) made it difficult to discover the location of the above vehicle by means.

Accordingly, the defendant interfered with the victim company's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning the establishment of a motor vehicle register (A/B), applications for installment financing and debate on motor vehicles (a new motor vehicle), summary statement, and collateral security;

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

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The reduction area (one month to eight months) (any person who has been specially mitigated) within the mitigated area (one month to eight months) shall not be subject to the application of the sentencing criteria [the scope of the recommended punishment].

3. The Defendant, who was sentenced to punishment, provided a vehicle purchased by the Defendant as security to another person, thereby causing substantial damage to the victim. The Defendant’s vehicle offered as security could not know the location of the vehicle up to now, and thus, the said vehicle could be used as a large-sized vehicle and may be used for another crime. The crime of this case is not punishable.

On the other hand, it is against the defendant's wrong recognition and damages by repaying all debts of loans to the victim company.