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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 5, 2018, the Defendant purchased the rocketing B Trading Complex, and purchased the said car from the victim D Co., Ltd. with a loan of KRW 14.4 million, and subsequently set up a collateral security right to the said car with a claim value of KRW 7.2 million.

On June 2018, the Defendant borrowed 1.5 million won from a person who has failed to repay the loan at a non-permanent site and transferred the said car as security.

Accordingly, the defendant concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement E of the defendant in court;

1. Application of Acts and subordinate statutes for loans, register of automobiles, document of decision on auction of automobile, information on non-delivery, etc., receipt of loans, and notice of expected loss of benefit of time;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person] and the basic area of recommendation, six months to one year.

3. Determination of sentence: Imprisonment with prison labor for 8 months and conditions unfavorable to a suspended sentence of 2 years: The crime of this case is not likely to be a crime that the defendant transferred his/her vehicle to a third party while he/she has not repaid the secured loan of a vehicle.

A favorable circumstances: The defendant recognizes a crime.

There is no history of criminal punishment.

The above circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, and the above sentencing guidelines shall be determined as ordered.