Text
A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[Criminal Power] On February 5, 2015, the Defendant was sentenced to ten months of imprisonment by the Busan District Court for a violation of the Punishment of Violences, etc. Act (joint injury) and the judgment became final and conclusive on June 13, 2015.
【Criminal Facts】
On November 6, 2013, the Defendant: (a) set up a collateral security interest on the said motor vehicle as the victim’s company against KRW 26,50,00,00 that was loaned from the victim Aju Capital Co., Ltd. in order to purchase a motor vehicle B Co., Ltd.
On March 18, 2014, the Defendant borrowed KRW 7 million from the KBO debate in Busan, and delivered the said vehicle as a collateral title under the quality contract, and the said KBO debate disposed of the said vehicle as the victim did not pay the above KRW 7 million.
Accordingly, the defendant concealed the above automobile which was the object of the right to collateral security of the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A complaint, an application for installment loan and a copy of the agreement, a copy of the register of automobiles, the peremptory notice on the exercise of a right to collateral security, a detailed statement of loan, the details of collection of principal and interest on time discrimination, misunderstanding book, notice of assignment of claims
1. Previous convictions: References to criminal records and application of statutes governing written judgments;
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. The factors of sentencing that are disadvantageous to the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Procedure Act: The crime of this case is not good in light of the means and results, and the factors of sentencing that are favorable to the defendant's agreement with the victim or failure to recover from damage: The defendant reflects wrong: the crime of this case is committed in relation to the crime for which judgment became final and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and where judgment has been rendered together, various conditions of sentencing indicated in the arguments and records of this case, such as equity, age, character and behavior of the defendant,