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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 12, 2012, the Defendant: (a) purchased one set of B Benz GL450 passenger cars from the Hyundai Capital Co., Ltd. of the injured party; (b) decided to borrow KRW 63 million from the injured party; and (c) on the same day, the Defendant set up a mortgage on the said passenger car owned by the Defendant to the injured party for the amount of KRW 63 million.
Nevertheless, on July 2012, the Defendant borrowed 22 million won from the person who was in the name of the deceased at the end of the game, and transferred the possession by providing the said vehicle as security, thereby making it impossible to find the location of the said vehicle.
Accordingly, the defendant concealed the goods owned by the defendant, which were the object of the victim company's rights, and obstructed the victim company's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A complaint filed in D;
1. Copy of an application for heavy loan;
1. Application of statutes concerning certified copies or abridged copies of the motor vehicle registration ledger;
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 suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not interfere with the exercise of the right, the basic area (from June to one year) (the person who is subject to special sentencing];
2. The crime of this case with the sentence of sentence was committed by providing the victim with a car offered as a security to another person, and the nature of the crime was not less severe, and the car has not been recovered or the damage has not been repaid until now.
However, the defendant shows his attitude to recognize and reflect all of the crimes of this case.
There is no record of punishment or punishment beyond the fine for the same crime.
The crime of this case seems to have been committed in a somewhat contingent manner in the course of resolving the company's financial difficulties.
The age, sex, environment, and age of the defendant.