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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On January 19, 2015, the Defendant obtained a loan of KRW 80,000,000 from the Dispute Resolution Co., Ltd., which is operated by the Defendant in Gwangju Mine Office, from the Dispute Resolution Co., Ltd., and the Defendant established a collateral security right with a claim amounting to KRW 80,000,000 for the D mining season owned by the Defendant, but the Defendant, on June 19, 2016, received KRW 13,00,000 from a person who was under his/her name and transferred the said digging season, thereby hindering the Defendant’s exercise of rights.
2. On November 19, 2015, the Defendant received a loan of KRW 86,00,000 from the Dispute Resolution Co., Ltd., and the Defendant set up a collateral security right with the claim value of KRW 60,20,000,000 from the Defendant’s E mining season owned by the Defendant at the Dispute Resolution Co., Ltd., and obstructed the victim’s exercise of rights by transferring the said mining season with the claim amounting to KRW 14,00,000,000 from a person who is not his/her name, around April 27, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to F or G by the police;
1. Application of Acts and subordinate statutes, such as an automobile financing application and loan application;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act - The victims’ damage is not recovered - the value of the mortgaged vehicle or the amount of secured claims are not so big - On the other hand, there is no criminal conviction or imprisonment with prison labor or heavier punishment for the defendant - Other circumstances leading to the instant crime shall be considered.