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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 13, 2012, the Defendant entered into an agreement with the victim bank office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, 199-2 to borrow KRW 23 million from the victim as the fund for the purchase of a vehicle with B human resources of KRW 35S, and to pay the principal and interest in installments each month after establishing a mortgage on the above vehicle.
If the Defendant is unable to repay the agreed principal and interest, the Defendant should deliver the said passenger car, which became the object of the victim’s rights, but around July 2012, the Defendant borrowed KRW 7 million from the loan company office located in the Dong-dong, Jung-gu, Jung-gu, Jung-gu, Busan, and concealed it by transferring the said passenger car, which is the object of the mortgage, and obstructed the victim’s legitimate exercise of rights.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Statement to C by the police;
1. Application of the provisions of the Acts and subordinate statutes to the loan agreement, motor vehicle register, details of redemption inquiry, and details of overdue demand management;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. The sentence shall be determined as ordered in consideration of the following: (a) the confession and reflect of the crime of sentencing under Article 62(1) of the Criminal Act; (b) there is no serious criminal record exceeding the fine; (c) the civil obligation should still be borne; and (d) the circumstances leading to the instant crime.