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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 a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 1, 2010, the Defendant, at the “D’s mobile phone sales store operated by the Defendant located in Gangnam-gu Seoul Metropolitan Government, purchased EPod Co., Ltd. vehicles with loans of KRW 27,120,000 by means of equal repayment of principal and interest of KRW 9.9% per annum and KRW 60 months, and created a collateral security right of KRW 28,120,000 for the above vehicle as the party right holder and the bond value of KRW 28,120,000 for the above vehicle on the same day.
Even though the Defendant agreed not to make any voluntary disposition, such as transfer, lease, and establishment of a pledge, of the motor vehicle, without the consent of the victim until the installment payment is made under the above loan agreement, the Defendant transferred the said motor vehicle to the “F” who is the corporate bond manager in front of the mobile phone sales store operated by the Defendant in Gangnam-gu Seoul Metropolitan Government around February 10, 201.
Accordingly, the defendant concealed his own motor vehicle which was the object of another person's right.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes of installment financing agreement attached to the complaint of a character capital Korea Co., Ltd. and the above complaint
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;
2. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right.
3. The sentence is to pay the principal and interest between 60 months and 60 months and the vehicle was purchased and then disposed of and discarded after the purchase of the vehicle, and the National Diplomatic Fund that received the claim from the injured party due to the public sale and disposal of the above vehicle was to recover part of the claim, but the amount seems to be only one-fourth of the claim amount.
On the other hand, however, it is.