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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around November 7, 2013, the Defendant purchased D 221 in Nam-gu Incheon Metropolitan City EM7 high-class automobiles, and received a loan of KRW 12 million (457,660 per month between November 20, 2016 and November 4, 2013) from the Victim HK Savings Bank, a victim HK Savings Bank, and created a mortgage by offering the said car transferred under the Defendant’s name to the victim as collateral on November 4, 2013.
Nevertheless, on March 2014, in order to raise a living cost in the absence of a certain occupation or property, the Defendant delivered the said car to a man who is unable to know the name of the mortgagee as the collateral without the consent of the mortgagee in front of the Gangseo-gu Busan Metropolitan Government, and borrowed KRW 2.5 million in return, and made it difficult for the victim to find out the location of the said car.
Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the written complaint, loan agreement, and register of automobiles statutes;
1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any other criminal history, the withdrawal of a complaint by the injured party, and the reflection of errors);