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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 15, 2015, the Defendant purchased a 510,237 car from the said company at the head office of the Egymna, Inc., Ltd. (hereinafter “victim”) in accordance with the nature of Daejeon Sung-gu, Daejeon, and took out a loan of KRW 26,00,000 as the purchase price for the said car from the said company, and set up a collateral security right as the mortgagee for the said car in order to secure this.
On January 16, 2016, the Defendant borrowed KRW 4,000,00 from a person who was dissatisf of his name in the vicinity of the New-dong at the Cheongju-dong, and delivered documents necessary for the registration of ownership transfer, such as the registration certificate of the said vehicle, along with the above vehicle, thereby making it difficult for the damaged company to find the said vehicle.
Accordingly, the Defendant concealed the Defendant’s property, which was the object of the right of the victimized company, and obstructed the exercise of the rights of the victimized company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A copy of an application for financial products of a motor vehicle with a meti capital;
1. Comprehensive details of vehicles and inspection of the register of vehicles;
1. Application of a detailed statement of transaction in the name of passbook A;
1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The sentencing guidelines [the scope of recommended punishment] set forth in Category 1 (Obstruction of Exercise of Rights) (one month to eight months) (including a person who has been specially mitigated) for the mitigation area (including a serious effort to recover damage);
2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.
The defendant is making a confession that he/she has committed the crime of this case even under his/her name in the name of 26 million won, and is against his/her will.