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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 13, 2012, the Defendant: (a) purchased Category C cargo at the business establishment of the Cheongju-dong branch in Chungcheongnam-gu, Chungcheongnam-gu; (b) received a loan of KRW 14.7 million from the victim Aju Capital Co., Ltd.; and (c) agreed to pay KRW 457,261 each month for 36 months thereafter; and (d) on April 16, 2012, the Defendant established a mortgage equivalent to KRW 102,90,000 in the value of the claim under the name of the victim company in order to secure this.
After that, the Defendant borrowed 4 million won from a motor vehicle dealer in the name of the non-motor vehicle in the non-name in the commercial motor vehicle trading complex located in Heak-gu, Young-gu, Cheongju in 2013, and delivered the freight to the Defendant as security.
As above, the Defendant concealed the cargo of the Defendant, which became the object of the victim’s rights, and obstructed the victim’s exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of a written application to be fluored by the issuer, a written agreement to be fluored by the issuer, a ledger of vehicle registration, and an Act and subordinate statutes governing the place of business;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right;
2. The decision of sentence (6 months of imprisonment, two years of suspended execution, two years of community service, 80 hours) that the defendant recognized the crime and miscompetences the defendant, and that there is no past record of severe punishment exceeding the fine, but this is a crime for which the Constitutional Court decided unconstitutionality, and thus, does not take into account the sentencing.
The defendant's age, sexual conduct, motive, means, and consequence, such as the fact that there are circumstances to be considered in the course of the crime, and the amount of damage are not specified, and the defendant's age, sexual conduct, motive, means, and consequence are not available.