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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 November 28, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the Seosan Branch of the Daejeon District Court, and the judgment became final and conclusive on April 6, 2015.
On February 12, 2014, the Defendant purchased the said car from the modern car shop located in the Seo-gu Seoul Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Daejeon, with a loan of KRW 37,300,000 per annum from the victim Hyundai Capital Co., Ltd. at the rate of 10.9% per annum and 60 months in installments, and received a loan from the victim's Hyundai Capital Co., Ltd. at the interest rate of KRW 10.9% per annum and 13, 2014 as a security for the above loan obligation, and created a mortgage on KRW 18,650,000 for the said car owned by the Defendant, and the said car was kept and used by the Defendant.
Despite the fact that the Defendant, as seen above, is well in custody of the said car, which was the object of the victim company’s mortgage, the Defendant borrowed KRW 11 million from the non-registered bond company around May 2014 and provided the said car as security, thereby making it impossible to grasp the location of the said car.
Accordingly, the defendant concealed the passenger car owned by the defendant, which was the object of the mortgage of the victim company, and obstructed the exercise of the rights of the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A contract for installment financing and a ledger of registration of automobiles;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation of previous convictions, text of judgment, and current status of confinement of individuals);
1. Relevant Article 323 of the Criminal Act, the choice of imprisonment, and the choice of punishment for the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendations] under Article 62-2 of the Social Service Order Act (the scope of recommendations] is to prevent the exercise of rights (the exercise of rights).