beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 25, 2012, the Defendant: (a) registered the establishment of a collateral security right at the Defendant’s house located in Gwangju-si Co., Ltd. (DaEC360B) around September 15, 201 with respect to DEC360B owned by the Defendant; (b) KRW 79,00,000,000 as collateral for mortgage creation registration at the mortgagee Co., Ltd. (hereinafter “mortgage-480,000,000) established around September 15, 201; and (c) registered the establishment of a collateral security right with respect to EDX480, 200,000,000 won as collateral for mortgage holders, credit value of KRW 50,000,000 as already established on January 26, 2012; and (d) obtained a loan from the mortgagee, credit value of KRW 15,500,000,000,000,000 as collateral collateral value; (c).
Nevertheless, around April 2014, the Defendant violated the aforementioned duties at a construction site located on the south-west side of Sungsung-si, thereby selling the 20 million Won above 95 million won in the market price to the person who was unaware of his name in violation of the said duties, thereby causing damage equivalent to KRW 15 million in total the value of collateral security claim to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of an agreement on a secured loan, an agreement on a secured loan, and the Acts and subordinate statutes on credit information;
1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the victim collected a claim of approximately KRW 90 million from the defendant through an auction, etc., there is no criminal record, the fact that there is no criminal record, the fact that the crime is recognized, and the amount of breach of trust, the age of the defendant, and the age of the defendant.