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1. The defendant shall be punished by imprisonment for six months;
2. Provided, 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 February 25, 2013, the Defendant purchased the vehicle from Ecopic in the name of the Defendant and the Defendant’s wife D, and borrowed KRW 23,70,000 from the victim Aropic Capital Co., Ltd. in order to prepare installment payments at the location of the Defendant and the Defendant’s wife D, and as a security on March 5, 2013, the Defendant created a mortgage on the above vehicle amounting to KRW 16,590,000 as the mortgagee.
Nevertheless, in around the end of 2013, the Defendant provided the above vehicle as security by borrowing KRW 9 million from the person who has failed to perform his/her name at an influence place in the Seowon-gun, Seowon-gun, Seowon-gun, and provided the above vehicle as security in the situation where KRW 22,673,302 of the loan principal remains.
Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the provisions of Acts and subordinate statutes to the loan-approval file, application form for discussion on the part of the holder of the contract, and the register of automobiles;
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of the recommended sentence based on the sentencing criteria: The basic area between six months of imprisonment and one year, obstruction of exercise of rights, etc., of each kind; and
2. Determination of sentence: Six months of imprisonment with prison labor, two years of suspended sentence, and the amount of damage in this case was not much, but not recovered from damage;
However, it is against the first offense without any previous conviction, and it is against the depth.
In addition, all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, the environment, the circumstances after the crime, and the circumstances after the crime, shall be determined as ordered.