Text
1. The defendant shall be punished by imprisonment with prison labor for four months;
2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 25, 2013, the Defendant purchased B new car rental car from the used cars trading company located in Seo-gu, Seo-gu, Seo-gu, Gwangju in order to obtain a loan of KRW 11.7 million from the victim Hyundai Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) and to pay KRW 1.1.7 million each month during the 36-month period for a loan of KRW 440,000 (interest rate of KRW 20.75%). On the same day, the Defendant created a mortgage on the said car to the victim Co., Ltd. as the mortgagee of the claim amounting to KRW 11.7 million.
Nevertheless, without the consent of the victim company, the defendant borrowed 4 million won to the credit service provider in the name-free place in which the address of the sub-party and the sub-party and the sub-party and the sub-party are unknown on May 2014, and made it impossible to confirm the location of the above vehicle by transferring the above vehicle to the party who was in the name-free place as security.
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. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not interfere with the exercise of the right, the basic area (from June to one year) (the person who is subject to special sentencing];
2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.
A favorable circumstances: The defendant is led to confession, and is against himself.
The Defendant repaid approximately KRW 2.7 million out of the loans to the victim company.
The defendant is a same crime.