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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
On September 6, 2016, the Defendant: (a) borrowed KRW 25 million from the victim C at the Hongju Office, Hongsung-gun, Hongsung-gun, Hongsung-gun, a notary public, 28, around September 6, 2016, to repay the borrowed money from the victim C by September 25, 2016; and (b) drafted a fair deed of monetary consumption and loan contract on the condition that the ownership of the Track (D) is transferred to the victim by means of an amendment to possession and possession of the ownership for the purpose of securing the performance of the obligation; and (c) accordingly, there was a duty not to unfairly reduce the value of the secured money by disposing of the Track, the object of the transfer as collateral.
On September 2016, the Defendant violated the above duties and transferred the ownership of the Trackor to F, a creditor of the Defendant, in Hongsung-gun, Hongsung-gun, Hongsung-gun, Kim Jong-nam for the purpose of water repayment.
As a result, the defendant acquired financial benefits equivalent to KRW 20 million in the market price of the Track, and suffered damages equivalent to the same amount to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a complaint, an application for compulsory execution, an authentic copy of a process deed, and a protocol not capable of seizing movable properties;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;
1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act include: (a) the time to commit the instant crime for the reason of sentencing; (b) the fact that there is no record of being sentenced to a suspended sentence or more; (c) the fact that there is an agreement with the victim; and (d) the defendant’s age, sexual conduct, environment, and the circumstances before and after the instant crime; and (b)