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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 8, 2018, the Defendant entered into a contract with the victim B Co., Ltd. to borrow KRW 47,000,000 from a mobile phone loan application through a mobile phone loan application at the early Franman Incheon Franman, and paid KRW 1,209,345 each month from November 8, 2018 to June 60 months, and provided the Defendant with a vehicle as security for the said obligation, and around November 8, 2018, the Defendant set up a right to collateral security for the said vehicle at the bond price of KRW 47,00,000.
Nevertheless, the Defendant received demand for delivery of the vehicle by receiving text messages from the said victim on July 9, 2019, when the Defendant paid five installments, and from May 1, 2019, the Defendant did not pay the payment in more than 44,476,571 won in installments.
On August 2019, the Defendant was to obtain a loan of KRW 10,000,00 from a lending business operator who introduced friendly G in the So-gu E Apartment F's residential area, Jung-gu, Seo-gu, Seo-gu, Cheongju, and did not comply with the delivery execution according to the above victim's claim by holding Cenz SLC200 car to the needy person who sent the above lending business operator.
Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared by H;
1. Application of Acts and subordinate statutes to the accusation, investigation report (Submission of materials-written agreement on security loan, etc. by the complainant), register of automobiles, written decision on auction of automobiles by the Incheon District Court, and protocol of impossibility to deliver automobiles by the Incheon District
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant, after instituting a public prosecution, agreed with the victim only; and (b) there is no record of criminal punishment
Other pleadings, such as the age, character and conduct, environment, and motive of crimes of the accused.