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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On July 14, 2016, the Defendant was sentenced to six months of imprisonment by the Ulsan District Court for the violation of the Road Traffic Act, etc., and completed the execution of the sentence on November 29, 2016.
On September 13, 2017, the Defendant obtained a loan of 25,000,000 won from the victim E Co., Ltd. to raise the purchase fund for DK7 car, and agreed to pay the above loan and interest thereon in installments for 48 months, and made a transfer registration under the name of the Defendant. On September 14, 2017, the Defendant created a right to collateral security of 12,50,000 won at the bond value in the victim Co., Ltd. as security for the above loan principal and interest obligation.
Nevertheless, the Defendant paid KRW 1,530,977 and interest KRW 952,146,00 to the victim company, and received KRW 3 million in cash from the name-free person who was introduced from G, which was located in front of the Nam-gu, Ulsan-gu, Ulsan-gu, and delivered the said car to the above name-free person without paying the balance of the loan and interest, and thereby making it impossible for the victim company to grasp the location of the said car.
In this respect, the defendant concealed his own property, which was the object of the victim company's rights, thereby hindering the victim company's exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A complaint;
1. Previous records: Four copies of the judgment and the application of Acts and subordinate statutes concerning the confinement of individuals;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. Circumstances that are disadvantageous to the sentencing of Article 35 of the Criminal Act for repeated crime: Cumulative crime, circumstances that are favorable to the fact that no recovery from damage has been made: one's mistake is recognized and reflected, the principal and interest of loan of 2.5 million won has been paid, and the same kind of offense has not been committed;