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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 17, 2014, the Defendant: (a) at the F Office located in Nam-gu Incheon Metropolitan City, for purchasing a car of DNA H330 in the C Used Car Sales Complex; (b) on September 17, 2014, the Defendant created a mortgage on the said loan amount of KRW 29.9 million from the victim non-Nenc Capital Co., Ltd. (former trade name: NonSP Capital Co., Ltd.) (former trade name: NonSP Capital Co.), KRW 1,049,719; (c) the loan period of KRW 36 months; (d) the total loan amount of KRW 31,713,856; and (e) the Defendant received a loan of KRW 29.9 million from the victim on September 18, 2014.
Since January 2015, the Defendant received KRW 7 million from G and gave the said car to him.
Accordingly, the defendant taken the goods of the defendant, which is the object of the victim's right, and obstructed the victim's exercise of right.
Summary of Evidence
1. Statement by the defendant in court;
1. A H statement;
1. Application of statutes to certified copies of the motor vehicle registration ledger;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):
1. 【The grounds for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [6 months - 1 year] 【The grounds for affirming the suspension of execution 】 Efforts to recover the damage after the death, the victim was recovered in the public sale procedure, the circumstance of delinquency, and the relatively good power, etc. shall be considered to be treated within society.
【Determination of sentence】 Determination of sentence for six months within the scope of recommendation shall be made, but the execution shall be suspended for one year on condition that community service for the prevention of recidivism is provided.