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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 6, 2015, the Defendant purchased C Pata car from a person who is not the party in the name of the Defendant in the middlehand car trading company run by the Defendant in Ansan-si B, and paid 30 million won among them to the money held by the Defendant, and the remainder of 40 million won was loaned from the victim Han Capital Co., Ltd. to the amount of 48 months. On March 10, 2015, the Defendant created a mortgage over the said car with a claim amounting to 20 million won in the future of the victimized Company.
Nevertheless, on September 2015, the Defendant borrowed KRW 12 million from a bond company with no name in the name of the Defendant and delivered the said car for the purpose of securing the said car.
As such, the Defendant concealed the said car, thereby hindering the Defendant from exercising its rights to the said car of the victimized company.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to the head of a complaint, written application for loan of erroneous debate, application for re-discrimination, details of receipt of principal and interest, register of motor vehicles and notice of scheduled progress of legal procedures;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Exercise of Rights No. 1 (Interference with Exercise of Rights) (Decision of Sentence 40,790,010) [Decision of Sentence 40,790,010] due to the Defendant’s crime of this case, the injured financial institution suffered a considerable amount of damage equivalent to the principal and interest total amount of 40,790,010 won, and due to the Defendant’s crime of this case, it is difficult to recover the loan, taking into account the disadvantageous circumstances into account that the Defendant’s mistake is against himself/herself, there is no criminal history other than the punishment imposed due to the Defendant’s violation of the Automobile Management Act in 201, and there is no other criminal history other than the punishment imposed by the Defendant due to the Defendant’s violation of