2016 Height 2004

A

○○ (prosecution) and ○○ (Public Trial)

Attorney ○○ (Presiding over)

August 31, 2016

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the accused to provide community service for 120 hours.

Criminal facts

On October 1, 2010, the Defendant: (a) purchased ○○○○○○○○○○○○○○○○○○○○○○○○○ in Gangnam-gu, Seoul; (b) purchased KRW 27,120,00 by means of loaning KRW 9.9% per annum from the victim B Co., Ltd.; and (c) set up a right to collateral security at KRW 28,120,000 on the same day on the same day, the Defendant purchased ○○○○○○○○○○○○○○○○○○○○○ on the same day.

Even though the Defendant agreed not to dispose of the vehicle to another person, such as transfer, lease, or pledge, without the consent of the victim, until the installment payment is made under the above loan contract, around February 10, 201, the Defendant transferred the vehicle to the “C Division”, a corporate bond manager, prior to the sales store ○○○○○○○○○○○○○○○○○○○○○○○○○○, operated by the Defendant, on the street around February 10, 201.

Accordingly, the defendant concealed his own motor vehicle which was the object of another person's right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to ○○○;

1. A complaint filed by B and an agreement of installment financing attached to the complaint filed by B;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 323 of the Criminal Act; Article 62(1)1 of the Suspension of Execution Act; Article 62-2 of the Social Service Order Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: One month to five years; and

2. Scope of recommended sentences according to the sentencing criteria;

[Scope of Recommendation] Obstruction of Rights Nos. 1 (Obstruction of Rights) (No. 6-1 year) of the basic area (no. 1) (No. 6-1 year), 3. Determination of the sentence of 60 months, the Defendant purchased the vehicle and then disposed of and discarded the vehicle, and the Defendant’s Happiness Fund, who received the claim from the victim by the public sale of the above vehicle, collected part of the claim. However, the amount of the claim is only one-fourth of the claim amount. On the other hand, the Defendant’s age, character and behavior, and environment, etc. are considered to be favorable. In light of the above circumstances, the sentence is to be determined like the order.

Judges Kim Jong-ok