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

Punishment of the crime

On June 13, 2014, the Defendant obtained a loan of KRW 50,900,312 from the victim BM 520D car owned by the Defendant as security at the office of the Korea Social Services Korea Co., Ltd., which was located in the Jung-gu Seoul Central District of Seoul as the Defendant, and established a mortgage equivalent to the same amount with the victim as the creditor, and the Defendant paid a 22 installment and paid a 39,339,272 installment and paid a 39,39,272.

On June 2016, the Defendant provided the said car to C as a substitute payment at the Songcheon-dong, Jeoncheon-si, where the restaurant operated by the Defendant was unable to repay 17 million won due to default or loan to C.

Accordingly, the defendant concealed the above car, which is the object of the defendant's property, which is the object of the victim's right, and obstructed the victim's exercise of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the Motor Vehicle Registration Register (A, B);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] that interfere with the exercise of rights, etc. and the exercise of rights, etc.] and there is no person who is in need of special sentencing [the scope of the recommended punishment] from June to one year (the basic area];

2. The Defendant shall be punished by imprisonment with prison labor for the following reasons: (a) although the Defendant was granted a loan of KRW 50,90,000 from the injured party and the mortgage was created on the loan amounting to the bond value; (b) the transfer of the instant vehicle to another creditor is not good in terms of crime; and (c) the amount of the non-performance loan doctrine exceeds KRW 40,000,000; and

However, some advantages such as the fact that the defendant repaid the installment principle for 22 months, the fact that the defendant recognized the mistake and reflects the defendant, and there is no criminal history exceeding the fine.