A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 27, 2012, the Defendant purchased CK5 car at the branch of sub-party B located in Seongbuk-si, Sungnam-si, to repay KRW 6777 and 286 per month in the way of equal repayment of principal and interest for 36 months to the victim D Co., Ltd., and borrowed a total of KRW 22 million from the victim company. On the 30th of the same month as security, the Defendant set up a mortgage on the said car owned by the Defendant with the claim amount of KRW 22 million in the name of the victim.

Nevertheless, as the Defendant was unable to repay the above loans to the victim, the Defendant made it difficult for the Defendant to exercise the mortgage by transferring the said car to the credit service provider on his name in August 2014 as a collateral and making the location of the said car unknown.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the supplement of complaint;

1. Application of installment application for automobiles, register of automobiles and Acts and subordinate statutes;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. As to the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”), there are circumstances to be taken into account the circumstances that led to the instant crime due to the aggravated economic circumstances when paying more than two years of installment payments for the reason for sentencing, the confessions and reflects, the fact that there is no record of the crime above the fine, the defendant’s age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records, such as the circumstances after the crime