A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 14, 2015, the Defendant borrowed KRW 76 million from the Victim B Co., Ltd. on the condition that the amount of KRW 1,511,353 per capita principal and interest shall be repaid monthly during the 60-month period, and on December 30, 2015, the Defendant established a right to collateral security at KRW 38 million with respect to C D’s automobile owned by the Defendant as the mortgagee, and on July 6, 2017, the Defendant established a right to collateral security at KRW 1,17 million with respect to D’s automobile owned by the Defendant on the same day.

Nevertheless, the Defendant borrowed KRW 20 million from bond holders whose name is unknown on September 2017, and delivered the said car for the purpose of securing the said car and became missing.

Accordingly, the defendant concealed the car owned by the defendant, which was the object of the victims' rights, and interfered with the victims' exercise of rights.

Summary of Evidence

1. Statement of the police and prosecutorial examination of the accused;

1. A copy of an application for new installment/ loan;

1. 원리금 상환스케쥴

1. Automobile register;

1. A report on investigation (the sequence 14 of evidence list);

1. Each complaint;

1. Application of Acts and subordinate statutes on details of loans;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for imposing the sentence of selective sentence of imprisonment [the scope of recommending sentence]: (a) the basic area (6-1 year) of category 1 (Obstruction of Exercise of Rights) (a sentence] has no criminal power against the defendant; (b) however, even though the amount of damage in this case reaches the total cost of 61 million won only with the principal, damage recovery does not entirely be made.

In full view of the above sentencing criteria and circumstances, the sentencing of this case, including the defendant's age, character and conduct and environment, shall be determined as per Disposition.