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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around June 26, 2013, the Defendant purchased SM5 car (automobile registration number: D) at the first floor of the Gwangju Mine-gu Office, Gwangju, Gwangju, the Defendant was to obtain a loan of KRW 26 million from the social service Korea Co., Ltd. ( brand name: Round) that the victim Alphalians E and E wished to repay the said loan in 508,720 won each month from July 25, 2013 to June 25, 2018, and then created a mortgage on the said SM5 car at KRW 26 million on the same month on the 28th day of the same month.
On June 2013, the Defendant concealed the said vehicle, which became the object of the rights of the victim company, by making it impossible to identify the location of the said vehicle, to transfer the said vehicle to the name unsound who would lend KRW 5 million to the Defendant immediately after the Defendant was delivered the said vehicle at the above Manosung Motor C branch.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of installment financing and loan agreement, health insurance qualification acquisition and loss confirmation, income tax withholding confirmation, deposit status in comparison with repayment, and register of automobiles statutes;
1. The reasons for sentencing under Article 323 (Selection of Imprisonment) of the Criminal Code of the relevant criminal facts include: (a) the Defendant entered into a contract with the victim to obtain a loan by providing the victim with a vehicle from the beginning to his/her name in order to obtain a loan; (b) the process of providing false documents to the victim; and (c) the Defendant’s liability is not easy to recover from damage.
However, the fact that the defendant acknowledges the crime of this case and reflects the mistake, the fact that the defendant has no criminal records exceeding the fine is considered in favor of the defendant, and all other sentencing conditions, such as the background of the crime of this case, the scale of damage, the age and environment of the defendant, etc.