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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 7, 2014, the Defendant purchased DST5 car in the name of the Defendant at C’s agency located in Busan Northern-gu, Busan, on the condition that the Defendant repaid KRW 27.9% per annum from the victim Non-NF Capital Co., Ltd. for 5.9% per annum, and KRW 522,659 per month between 60 months and 60 months (the first month is 55,878 won). On April 11, 2014, the Defendant borrowed DST5 car in the name of the Defendant, and set up a mortgage on the victim’s future.
On July 6, 2015, the Defendant repaid the principal and interest of 14 minutes out of the borrowed money to the victim, but thereafter, the Defendant was unable to repay the borrowed money any longer and was in an economic situation at F located in Sungnam-si E 103, and the Defendant transferred the Defendant’s certificate of seal impression, registration certificate, resident registration abstract, etc. to an employee in a non-place at least five million won and became unknown.
Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement of the police statement related to G;
1. One copy of the investigation report (Attachment of the text of the judgment), and the text of the judgment;
1. A report on investigation (to be accompanied by a copy of the standard contract for loan transactions), standard contract for loan transactions, and a certificate of borrowing money;
1. A copy or abstract of the installment financing and misleading agreement, the motor vehicle registration ledger (A), and the abstract thereof;
1. Decision (Order for delivery of a motor vehicle before the auction of the instant H), application of statutes to the records of impossibility of delivery of a motor vehicle (No. 2015, 553)
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Type 1 (Obstruction of Exercise of Rights) of the basic area (from June to one year);
2. The defendant's age, sex, environment, motive and background of the crime, as well as the fact that the decision of the sentence has not been restored, that is against the law, that there is no record of punishment except for a fine once of this paper, and that there is no record of punishment.