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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 8, 2010, the Defendant borrowed KRW 75 million from the Saemaul Bank of Korea in the East Sea, and paid KRW 1,250,000 each month from November 8, 2010 to 60 months, and agreed to set up a mortgage on a dump truck as owned by the Defendant. On October 12, 2010, according to the above loan agreement, the Defendant created a mortgage on the amount of KRW 97,50,000 to the mortgagee, the maximum amount of the bond, and the amount of the bond amount of KRW 97,50,00.
Since then, the defendant was requested to pay the loan principal or return the vehicle from the injured party by repaying only the partial loan principle and delaying the installment payment.
Since then, the Defendant changed contact details without returning the loan principal money, and then operated dump truck with the obligation of KRW 61,418,730 as of January 9, 2012, and performed work at a dump truck in a sump truck, in a sump truck with the remaining obligation of KRW 61,418,730. On March 28, 2015, the Defendant transferred the said dump truck from the F office located in E at the Dong-ri Sea, to the sump truck to the present private person F, and its location is unclear.
As above, the defendant concealed the dump truck which is the object of the victim's mortgage and obstructed the exercise of the victim's right to exercise the right to exercise the mortgage right.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement of the police statement related to G;
1. A complaint;
1. Application of Acts and subordinate statutes to a loan transaction agreement, a construction machinery collateral security agreement, the ledger of loans, and a detailed statement of transactions;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of recommendation] and the basic area (6 months to 1 year) (the decision of sentence] [the decision of sentence] and the fact that the defendant escaped after the crime of this case was committed, and the damage was not completely recovered, shall be considered in light of the circumstances unfavorable to the defendant, and the motive for the crime of this case and the defendant.