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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 27, 2016, the Defendant entered into a loan agreement with the victim B Co., Ltd. to receive the principal of KRW 20 million from the victim B Co., Ltd. and to pay the interest of KRW 30.4% of the interest rate in installments for 60 months, and created a mortgage on it by providing Cbents car, which is owned by the Defendant, as security.
Nevertheless, on January 12, 2017, the Defendant borrowed KRW 10 million to D, a bond company, from the old road in front of the Yeongdeungpo-gu Office in Yeongdong-gu, Chungcheongnam-gu, Seoul, and provided it as security so that the location of the above vehicle can not be confirmed.
Accordingly, the defendant concealed the vehicle of the defendant, which is the object of another person's right, and obstructed the victim's exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. A complaint;
1. A copy of a mortgage creation contract on automobile, and a loan transaction contract;
1. A copy of the decision on voluntary auction, and a copy of the protocol of impossibility of delivery of motor vehicles;
1. Application of Acts and subordinate statutes on the details of personal financial transactions;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da1448, Apr. 1, 2017);