beta
Text
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 October 16, 2015, the Defendant obtained a loan of KRW 25,500,000 from the Victim E Co., Ltd. to purchase DSS5 car at “C agency” located in Kim Jong-si, Jeonbuk-si, and agreed to pay the loan and interest in installments for 60 months. On the 20th of the same month, the Defendant set up a collateral security on the 20th of the same month, which covers the Defendant as the obligor, the victim as the mortgagee, and the amount of the claim KRW 12,80,00.
On June 20, 2016, the Defendant extended a loan of 4 million won from the victim F Co., Ltd. F to the employees in charge of loaning the above SM5 car as collateral, and agreed to pay the loan and interest in installments for 48 months. On June 21, 2016, the Defendant set up a collateral security right with the victim F Co., Ltd. as the obligor, as the mortgagee, and the claim amount as KRW 4 million with respect to the above car.
On February 9, 2018, the Defendant borrowed KRW 3 million from the pawnpo Office in front of the G basin located in Daegu-gu, and provided the said car as security without the consent of the victim, thereby making it unclear the location of the said car.
Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of I and J;
1. Each petition and attached documents (the Nos. 1 and 2 of the evidence list, and 1-6 of the additional evidence list);
1. Application of Acts and subordinate statutes to each investigation report (the No. 6 of the evidence list, the No. 10 of additional evidence list);
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The confession and reflect is given in light of the circumstances leading up to the instant crime and the applicable law, and the amount of damage has not been recovered until now.