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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 7, 2014, the Defendant purchased the Franc vehicle in Suwon-gu, the Liber Franc, 644-2 Amp, 802, and entered into a loan agreement with the victim Ampic, and the victim set up a mortgage on the said vehicle for the purpose of securing the above obligation.
After January 2015, the Defendant borrowed KRW 20 million from a person who was unaware of his/her name from the person who was unaware of his/her name in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and transferred the above vehicle as collateral for which the mortgage was established.
Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a motor vehicle agreement, a certified copy or abstract of the motor vehicle registration ledger (A), a certified copy or abstract of the motor vehicle registration ledger (B);
1. The reason for sentencing under Article 323 of the relevant Act and Article 323 of the Criminal Act regarding criminal facts and the reason for sentencing [the scope of recommended punishment] [the grounds for obstructing the exercise of the right] and the basic area (six months to one year) [the person who is subject to special sentencing] [the decision of sentencing] [the decision of sentencing] the defendant's confession for six months], and the defendant's confession against the defendant for six months, and the fact that the defendant has no special criminal record other than the one-time fine, shall be considered as favorable to the defendant.
However, in light of the fact that the victim did not suffer damage due to the crime of this case, the vehicle of this case has not been recovered until now, and no particular damage has been recovered, the sentence to the defendant is inevitable.
Therefore, the above punishment shall be determined.