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A defendant shall be punished by imprisonment for six 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 26, 2015, the Defendant borrowed 1,650,000 won from the victim D Co., Ltd. as the purchase price of the vehicle for the cruise car in Suwon-si, Suwon-si, and made a mortgage on the above vehicle as the claim price of 8,250,000 won on the 30th of the same month. However, on October 2017, the Defendant borrowed 1,50,000 won from the credit service provider in the name-free place near Suwon-gu, Suwon-si, Suwon-si, and provided the above vehicle as a collateral and provided it impossible to identify its location.
In this respect, the defendant concealed the defendant's property which was the object of the victim company's rights and obstructed the exercise of rights.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to apply a written application for D Motor Vehicle Financial Products, an erroneous agreement, the details of deposit of domestic secondhand household loans, a certified copy or abridged copy of the motor vehicle register (A), a certified copy or abridged copy of the motor vehicle register (B), or a notice of expected loss of time limit;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):
1. The scope of the recommended sentence according to the sentencing guidelines [the scope of punishment] the obstruction of exercise of rights, etc. [the category 1] basic area of obstruction of rights (the scope of the recommended area and the recommended punishment], six months to one year; and
2. Circumstances unfavorable to the determination of sentence: Although the amount of debt of the defendant related to the security is high, the failure to recover the damage caused by obstruction of exercise of rights was made;
The trial procedure has not been faithfully present.
A favorable normal price: A partial installment was paid to the damaged company.
There is no penalty power exceeding the same punishment power and fine.
In addition, the defendant's age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime are considered.