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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 3, 2015, the Defendant purchased Category B R vehicles from the point of calculation of the vehicle in Gyeyang-gu Incheon Metropolitan City at the point of calculation of the vehicle, and borrowed KRW 23,000,000 from one victim capital Co., Ltd., and on August 5, 2015, the Defendant established the right of priority with the victim as the mortgagee on the above vehicle.
While Defendant paid only KRW 2,66,277 out of the above borrowed money, on June 2016, the Defendant concealed the said vehicle in order to prevent the victim from finding the said vehicle by offering the said vehicle as security at the trade in the trade infinite-dong, Namdong-gu, Incheon, Nam-gu, Incheon, and obstructed the victim’s exercise of rights.
Summary of Evidence
1. Statement of the defendant in the third public trial records;
1. A supplementary statement to C’s criminal complaints;
1. A complaint filed by one capital company;
1. Application of Acts and subordinate statutes to the principal contract to be made, data on execution of delivery to the court, details of receipt, original register of automobile registration, notification scheduled to proceed with legal procedures;
1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;
1. The basic area [the scope of recommended punishment] of the recommended punishment according to the sentencing guidelines, the scope of [the scope of recommended punishment] [the scope of punishment] imprisonment with labor for six months to one year; and
2. Whether or not to suspend the execution (general circumstances): - Lack of social ties, lack of serious reflectiveness, or no effort to recover damage is made - There is no criminal record of a suspended execution or more positive:
3. The criminal defendant's crime of sentencing is not likely to be committed in that he/she purchases a vehicle and obtains a loan from the injured party, set up a collateral, again borrows the vehicle as collateral, and delivers the vehicle to him/her along with each other of the waiver of the vehicle, and interferes with the legitimate exercise of the injured party's rights;
There is no reason to deem that long-term damage has not been recovered and that it has reached an agreement with the victim.
The amount of damage is not easy.