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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
The defendant is the chief director of a school foundation D, which is located in the Gyeonggi-do Senior Group C, and has overall control over the operation, property management, etc. of the above school foundation.
On April 20, 201, the Defendant: (a) purchased a cushion vehicle from F located in Daegu Northern-gu, Daegu, to G; (b) obtained a loan of KRW 12 million from the victim capital Co., Ltd.; and (c) around April 26, 201, the Defendant completed the registration of the establishment of a mortgage on the said cushion vehicle owned by the said school foundation D Private Teaching Institute as to the said cushion vehicle, one of the mortgagee; (d) a school foundation for the mortgagee; and (e) a 12,00,000,000 won in the value of the bond owned by the said school foundation D.
On March 2012, the Defendant: (a) received and disposed of the said car owned by D Private Institutes, the object of which was the victim’s mortgage, from a person who could not know the name of the said car; and (b) made it impossible for the victim to know the location of the said car.
Accordingly, the defendant, as the chief director of the school juristic person DD, concealed the objects of the school juristic person DD which is the object of the victim's mortgage and obstructed the victim's exercise of rights.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. A H statement;
1. The application of the installment financial agreement to be made, the letter of goods handled in the second and second installments, the certified copy or abstract of the automobile registration ledger (A), the certified copy or abstract of the registry (Evidence Record 174 pages);
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the grounds for sentencing) of the suspended sentence (the grounds for sentencing), [the scope of recommendation] interfered with the exercise of the right, which is set forth in Article 62(1) of the Criminal Act (the grounds for sentencing) [the grounds for sentencing] [one-eight months] mitigation area (including any effort to recover damage] [the decision of sentencing] [the decision of sentencing] and the following circumstances, such as the defendant's age, sex, sex, family relationship, family environment, motive for and means of the crime, circumstances after the crime, etc.