A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Power] On April 3, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court, and completed the execution of the sentence on March 5, 2015.

【Criminal Facts】

On May 15, 2015, the Defendant agreed on May 15, 2015, the first installment of KRW 15,000,000 from the victim Aju Capital Co., Ltd. to repay KRW 553,272, and 556,680 from the following month to the victim as security for the above obligation.

However, on September 2015, when the Defendant did not repay the loan, the Defendant borrowed 6 million won from the needy in the central market located in the Southern-si, Southern-si, Gyeongcheon-si, and provided the said car as security, so it is impossible to grasp the location of the Defendant’s property, which became the object of the victim’s rights, thereby hindering the victim’s exercise of rights by concealing the Defendant’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The mid-to long-term installment contract, the register of automobiles, the written decision of the Seoul Eastern District Court, the peremptory notice on the exercise of each motor vehicle collateral, each protocol of non-delivery of motor vehicles, and the details of receipt of principal and interest on the circuit discrimination (each evidence Nos. 2, 6, 7, 8, 9, 10, 11, and 12);

1. Criminal records as stated: Application of investigation reports (written records of repeated crimes, written judgments, and current status of confinement);

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 Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommendations on the sentencing criteria: Imprisonment with prison labor for not less than six months to one year, and the basic area (by exercising one’s right) for exercising one’s right; and

2. The accused who has been sentenced to a sentence has criminal records of having been sentenced to a punishment and fine several times due to the crime of larceny, etc. and the period of repeated crimes.