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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 becomes final and conclusive.
Reasons
Punishment of the crime
On April 22, 2011, the Defendant borrowed KRW 25 million from Seongdong-gu Seoul Metropolitan Government “C” located in Seongdong-gu Seoul Metropolitan Government, and agreed to pay principal and interest in installments for 36 months from that time with a loan of KRW 25 million from the victim Hyundai Capital Co., Ltd. for the purchase price of one motor vehicle for D low-priced one, and agreed to pay the principal and interest in installments. The Defendant set up a mortgage of KRW 25 million with the bond value of the victim as the mortgagee on the said motor vehicle.
After that time, the Defendant borrowed 12 million won from a mutual infinite lending company in Seongdong-gu Seoul Metropolitan Government, and offered the said vehicle as security, thereby hindering the victim from exercising his rights.
Summary of Evidence
1. Statement by the defendant in court;
1. A E-document;
1. Application of Acts and subordinate statutes to a contract, each motor vehicle registration ledger, and a detailed statement of installment payment;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no (6-1 year to interfere with the exercise of rights) basic area (6-1 year) [Judgment of sentencing] [Judgment of sentencing] L/C transfer a vehicle purchased with a loan to a bond business operator to cause serious damage to the victim, and most of the damage was not recovered, the defendant is in conflict with the confession of the instant crime, the fact that there is no criminal history of the same kind of crime, and the circumstances of the crime, etc.