A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 25, 2017, the Defendant was sentenced to a suspended sentence of one year for the four months of imprisonment with prison labor for an injury in the Seo-gu District Court Branch of the Daegu District Court for the crime of injury, and the judgment became final and conclusive on November 2, 2017.

On January 21, 2013, the Defendant borrowed 18 million won (the remaining principal: 17,317,843 won) from the victim Hyundai Capital Co., Ltd. (the transferee of the claim: the company with limited liability specialized in EPS) in the name of the injured company in the name of the injured company on the 23th day of the same month, and created a mortgage of 18 million won in the name of the injured company on the 316th day of the same month.

However, on February 2013, the Defendant borrowed KRW 5 million from a person who was in a name in the name of the deceased and provided the above vehicle as security at a high-speed bus terminal in Daejeon, and distributed it as a so-called large-sized vehicle.

Accordingly, the defendant concealed the defendant's property which was the object of the right of the damaged company and obstructed the exercise of the right of the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Complaints, examination slips, applications for heavy loan, copies of passbooks, notices of transfer of bonds and acceptance of entrustment, register of automobiles registration, and certification of contents;

1. Previous conviction: Application of a reply to inquiry about criminal history, investigation report (final judgment of a defendant), and statutes;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] [the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act] The mitigated area (one month to eight months) [the person who has been specially mitigated] [including efforts to recover damage] [the decision of sentence] a number of criminal records including that a defendant was punished for fraud on two occasions, the defendant is against the defendant, the defendant is against his/her obligation transferee, the defendant agreed with the transferee of the claim, and the judgment of the court below.