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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 22, 2012, the Defendant obtained a loan of KRW 32,300,000 from the location of the Dispute Settlement Bank Co., Ltd. in order to purchase Branchising car in the Franchising land on the condition that 48 months change, and made a mortgage of KRW 16,150,000 with respect to the said vehicle as security.
Nevertheless, around September 10, 2012, the Defendant borrowed KRW 13 million from a non-performing company near the Seodaemun-gu Seoul Metropolitan Government University, and concealed the said car as collateral, thereby hindering the Defendant’s exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to the debtor's president, an application form, a notice of transfer of claims and acceptance of entrustment, the motor vehicle registration ledger, a certificate for all registered matters, and a copy of standard contract
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that payment of the amount of damage has been made, that there has been an agreement with the victim, and that there has been no other force except for fines twice due to previous convictions);