A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On December 5, 2013, the Defendant purchased one motor vehicle of KRW 14,500,00 from the sports vehicle complex located in the Gu of Ansan-si in the Dong-si, Ansan-si, and received a loan of KRW 14,500,000 from the victim capital Co., Ltd. at an annual interest rate of KRW 21.9% per annum, and paid it as the price of the said vehicle under equal terms and conditions for 48 months at an interest rate of KRW 21.9% per annum. To secure this, the Defendant: (a) on December 6, 2013, the mortgagee was the victim; and (b) on December 6, 2013, established a mortgage of KRW 7,250,00 with the value of the credit on the said vehicle; (c) on August 20, 2015, the Defendant provided the bonds company in the name-free name to the above vehicle as collateral, thereby hindering the victim’s exercise of the mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written decision on the support of each Cheongju District Court and report on the impossibility to deliver a motor vehicle;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes to an agreement on installment financing and the balance of claims for used cars;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.

The confession that the damage has not been recovered and is against the fact that there is no record of the same crime.