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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 becomes final and conclusive.
Reasons
Punishment of the crime
On August 19, 201, the Defendant borrowed KRW 50,00,000 from Adump truck Co., Ltd., the victim, as a collateral to provide the victim with the right to collateral security on September 5, 201, in order to raise the cost of the automobile at a dump truck (D after changing the number of vehicles), and then, on September 5, 201, the Defendant set up a mortgage right to provide the victim with the said dump truck as a collateral, but the business fund was insufficient on July 2012, when the business fund was insufficient, the Defendant leased the said dump truck to a person with poor name and became unknown.
Accordingly, the defendant has obstructed the exercise of rights by concealing objects which are the objects of the victim's rights.
Summary of Evidence
1. Defendant's legal statement;
1. Written complaint of a capital stock company;
1. A written application for the issuance of a written contract with the issuer, the details of the receipt of principal and interest on disposable discrimination, and the application of statutes of the Construction Machinery Register;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act makes it impossible for a victim to recover his/her claims by arbitrarily disposing of his/her motor vehicle that was provided as security, and the amount of the victim's claims is a total of 53,201,275 won, and the defendant leased his/her motor vehicle to a person who has failed to obtain his/her name and caused his/her whereabouts to be unknown. In such a case, the fact that there is a high possibility that the vehicle can be distributed by the vehicle to the person who has failed to obtain his/her name is disadvantageous to the defendant, and the defendant repaid the principal and interest of KRW 20 million over 11 times after the execution of the loan, and the defendant's intention not to repay the loan from the beginning, such as the defendant's joint and several surety, and the fact that the defendant was favorable
In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.