A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal record] On March 18, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on March 26, 2016.

[2] On July 22, 2014, the Defendant: (a) purchased a vehicle of 2.0 million won at a point in Eunpyeong-gu Seoul Metropolitan Government (C); (b) agreed to obtain a loan of KRW 32.3 million from a non-us Capital; and (c) around July 23, 2014, on the condition that the Defendant repaid the principal and interest in equal installments for 60 months at a rate of 5.9% per annum; and (d) around July 23, 2014, the Defendant was written in the indictment of KRW 161 million with respect to the above vehicle under the Defendant’s name, but in light of the evidence, it is obvious that it is a clerical error in writing; (c) therefore, the Defendant created a mortgage equivalent to a correction to the extent that the Defendant’s defense is not impeded.

On June 2015, the Defendant borrowed KRW 10 million from “D,” which is accurately aware of the personal information in the neighboring area of Eunpyeong-gu Seoul Metropolitan City, Yongsan-gu, Seoul and caused the Defendant to identify the location of the said vehicle by taking over the said vehicle as security.

Accordingly, the defendant concealed the defendant's vehicle which is the object of the mortgage of the victim company and obstructed the exercise of mortgage by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant delivered a mortgaged motor vehicle to a third party and thus the location of the motor vehicle cannot be known, and the crime is not good, and the victim's damage has not been recovered.

However, the defendant's confession of the crime of this case and the principle of equity should be considered at the same time as the judgment of the judgment becomes final.