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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 3, 2015, the Defendant borrowed 50,000,000 won from the Victim KS Savings Bank in order to purchase cuss car from the “D” office located in the Dong-gu Seoul Special Metropolitan City, Ansan-si. In order to purchase cuss car, the Defendant created a mortgage on the said car's bond price for 50,000,000 won.
Nevertheless, on June 2015, the Defendant: (a) received KRW 35 million from a credit service provider in the name of the Defendant, who was in the possession of the Defendant and transferred a cub car to him/her without transfer to his/her name at a cubic location located in Ansan-si; (b) thereby, the Defendant concealed his/her goods that became the object of the victim’s mortgage and interfered with the victim’s exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of the agreement on application for discussion, the ledger of registration of automobiles (A), the document related to voluntary auction of G automobiles, the protocol of impossibility of delivery of automobiles, details of transactions, and the provisions of the Acts and subordinate statutes of the Schedule for redemption;
1. The pertinent legal provisions on criminal facts, Article 323 of the Criminal Act on the selection of punishment, the reasons for sentencing of imprisonment [the scope of recommendation] There is no person [the person who has been subject to special sentencing] in the basic area (6 months to 1 year) of the suspension of the exercise of the right (the scope of recommendation] [the decision of sentence] [the defendant obtained a loan from the person who has suffered damage from a mortgage as security, and disposed of and concealed the vehicle within a period of 3 months, and then disposed of it. The defendant paid only one of the installment of the loan, and paid only 49 million won, and the damage was not recovered. The damage was not recovered. The financial situation of the company, which the defendant had already been operated together with his own punishment at the time of the purchase of the vehicle, seems to have been significantly deteriorated. On the other hand, the defendant had no previous conviction, supported his wife and her children, the defendant's age, the defendant's age, sex, motive, means or means of the crime, etc.