A defendant shall be punished by imprisonment for six 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.

Criminal facts

On August 13, 2012, the Defendant purchased a passenger car at the location B of the victim Hyundai Capital Co., Ltd. located in Busan around August 13, 2012, and entered into an installment financing agreement with the victim company as the purchase price for the vehicle, and received a loan of KRW 13.4 million on the condition that 507,602 won per month is paid by applying annual interest rate of 21.4% for 36 months. On August 16, 2012, the Defendant established a collateral security right with respect to the said car as the claim price of KRW 13.4 million, the creditor company, the victim company, and the debtor. On May 20, 2016, the Defendant acquired a right related to the said collateral from the victim company.

From November 2012, the Defendant continued to pay 30,000 installments, and in 2013, the Defendant transferred the said car to D under the pretext of securing its own obligation on the roads near the annual park located in the Dong-si, Kimhae-si, Kim Jong-si, Ga around 2013, and obstructed the Defendant’s exercise of rights by concealing the said car owned by the Defendant, which was the object of collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. An application for heavy loan;

1. A certified copy or abstract of the motor vehicle registration ledger;

1. The application of Acts and subordinate statutes to a investigation report (in addition to the agreement on loans for purchasing funds from modern capitals);

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) include: (a) the Defendant’s perception of and reflects his mistake in depth; (b) there are some circumstances that may be taken into account the motive and circumstances leading to the instant crime; (c) the Defendant has no record of other crimes except that he did not have the same criminal record and has been sentenced to a fine several times; and (d) other conditions of various sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the Defendant’s age, sexual behavior, intelligence, environment, etc., are comprehensively taken into account the sentencing guidelines of the Supreme Court.