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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On March 11, 2011, the Defendant purchased a C digging machine at the place of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and obtained a loan of KRW 60 million from the victim Aju Capital Co., Ltd. on the 30th of the same month as security, and established a mortgage on the above C digging machine at the claim price of KRW 60 million, creditor Aju Capital Co., Ltd., and debtor, on the 30th of the same month, the Defendant sold the above C digging machine at the near the area of the Sinjin-si Industrial Complex, Jin-si, Chungcheongnam-si, and sold it to the scrap metal businessman at the price of KRW 14 million, and had him dismantle and dispose of it.
In this respect, the defendant damaged the cater which is the object of the mortgage of the victim and obstructed the exercise of the mortgage by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Construction machinery register;
1. Statement of impossibility of delivery of automobiles;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 232 of the Criminal Act and Article 232 of the Criminal Act regarding the relevant criminal facts and Article 232 of the choice of the sentence, and the reason for sentencing of imprisonment does not take measures to recover damage even though the damage of the victim company caused by the instant crime is considerable. Thus, the defendant shall be sentenced to imprisonment, taking into account all the circumstances that form the conditions for sentencing, such as the defendant’s age, character and conduct, environment, family relationship, criminal record, motive or circumstance of the