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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On August 10, 2012, the Defendant was sentenced to a suspended sentence of two years on August 18, 2012 in the Seosan Branch of the Daejeon District Court for criminal fraud, and the said judgment became final and conclusive on August 18, 2012.
【Criminal Facts】
On June 24, 2008, the Defendant purchased CNFna vehicle from B, an employee of modern vehicle agency, at a Buddhist place in the middle-gu Seoul Central District, Jung-gu, Seoul, with a loan of KRW 16.8 million out of the vehicle price, from the victim Aju Capital Co., Ltd.
7. 16. As a security for the above vehicle's obligation, the victim set up a right to collateral security of KRW 168 million as a mortgagee.
However, around July 2010, the Defendant borrowed 3 million won to D and delivered the said vehicle to D under the pretext of debt security at an infinite place located in the middle-gu Seoul Metropolitan Government, Jung-gu, and the location of the vehicle is unclear.
Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint;
1. A copy of an agreement of installment financing, a loan approval file, a lump sum discrimination receipt of principal and interest, and a copy of the register of automobiles;
1. Previous records: Application of criminal records and investigation reports (Attachment to written judgments of a suspect);
1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of a recommended sentence based on the sentencing guidelines [type] the basic area (referring to June - 1 year);
2. If, after the Defendant disposed of the vehicle, seizure on the vehicle due to various traffic offenses, etc. begins, it seems that the above vehicle has been abused as a so-called large-sized vehicle, and the large-sized vehicle is often abused for various crimes, it causes traffic accidents without being insured.