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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around August 6, 2015, the Defendant entered into a contract with the victim savings bank and 24.7 million won in installments with each of 737,230 won each month through his/her name-free employees in Seongdong-gu Seoul, Seongdong-gu, Seoul, on August 6, 2015.
However, in fact, the defendant was a plan to offer a third party as security and borrow money immediately after purchasing a secondhand car, and in fact there was no intention or ability to pay the installments normally while holding the above vehicle.
The Defendant, by deceiving the above employees and allowing the victim to pay 24.7 million won as the purchase price for used cars on the E side from the E, and on the same day, obtained the franchise from E to acquire the same amount of property profit.
2. The Defendant: (a) concluded a loan agreement with Auto-L Bank; and (b) set up a collateral security interest with the victim’s right holder, Defendant, as the mortgagee, and the bond value of KRW 24.7 million on the same day, the Defendant provided the said vehicle as security by borrowing KRW 2 million from F from F at the apartment parking lot in the 5th day of Sipopo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.
Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.
Summary of Evidence
1. Each legal statement of witness G, H and F;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Application of the motor vehicle registration ledger and the Acts and subordinate statutes of the written agreement for application for debate;
1. Relevant Article 347 (1) and 323 of the Criminal Act concerning the crime, the choice of punishment for the crime, Articles 347 (1) and 323 of the Criminal Act, and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 of the Criminal Act: