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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On June 9, 2014, the Defendant agreed to purchase BJta 2.0 automobiles on the condition that 3,0420,000 won shall be paid each month by 980,282 won from the victim SM business Korea at the office of Gangnam-gu Seoul, Gangnam-gu, Seoul, 124, and paid each month by 36 months from the victim SM business office. On June 9, 2014, the Defendant purchased the said automobiles and set up a collateral security on the said automobiles under the victim’s name as collateral.
Nevertheless, the Defendant borrowed KRW 10 million from a loan company located on July 21, 2014 at KRW 57,544 and KRW 1,070,90,90 in total, and KRW 1,070,90 in total, and KRW 29,690,936 on August 8, 2014, and did not deposit KRW 29,690,936 on September 11, 2014, and it was difficult to find the location of the said car by transferring possession of the said car as security.
Accordingly, the defendant concealed his own property which was the object of another person's right.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written agreement of installment financing of automobiles and the original register of automobile registration;
1. Application of Acts and subordinate statutes to the protocol of non-delivery of motor vehicles, details of consultation, standard contract for loan transactions, and each investigation report (Evidence List Nos 28, 34, 35);
1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense. Article 323 (Selection of Punishment of Imprisonment)
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment for one month to five years; and
2. The application of the sentencing criteria (as of July 1, 2015, the scope of recommended punishment) (as of July 1, 2015, the scope of recommended punishment) is without a basic area (as of June to one year) (as of June to one year).
3. The order is issued, taking into account the following factors: (a) the decision-making damage was not recovered; (b) the Defendant had no record of having previously been punished for a heavier punishment; and (c) other factors of sentencing indicated in the records of the instant case, including the background, mode, circumstances after the instant crime; and (d) the Defendant’s age, sexual conduct, and environment.