A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On April 1, 201, the Defendant borrowed KRW 17 million from the victim's Hyundai Capital Co., Ltd. at the lower-class store of the 104 Manpo-si, Hopo-si, Dongpo-si, Inc. at the lower-class store of the month, and purchased B Mapo-gu car, and set up a mortgage in the name of the victim's company with a claim value of KRW 8.5 million for the said car.

After that, on September 2013, the defendant extended 3 million won to a credit service provider under his name in the vicinity of the Gyeyang-gu office of Gyeyang-gu, Incheon, Gyeyang-gu, the new 88 Gyeyang-gu, and concealed the above car, which is the object of mortgage, as collateral for transfer, and obstructed the legitimate exercise of rights by the victim company as the mortgagee of the above car.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to motor vehicles in the accusation, a copy of an application for goods of modern Capital, and the original register of motor vehicle registration;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] that interferes with the exercise of the right, the basic area (six months to one year) (no person who is subject to any special sentencing];

2. Determination of sentence is not agreed with the victim, considering favorable circumstances, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and all other factors of sentencing, such as the fact that the victim's damage is not a large amount in light of ordinary circumstances, the payment of installments for a considerable period of time in the purchase of vehicles, and the fact that there is no record of criminal punishment other than a minor fine, etc., the sentence as ordered shall be determined by taking into account favorable circumstances.