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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 25, 2019, the Defendant was sentenced to one year of suspension of execution as a result of obstructing the exercise of rights by the Daejeon District Court on June 25, 2019, and the said judgment became final and conclusive on November 2, 2019.
On November 13, 2015, the Defendant purchased D beer-crock cruise bus at the agency located in Seo-gu Daejeon, Daejeon, and entered into a contract to borrow KRW 37,000,000 from the victim E Co., Ltd., and on November 17, 2015, the Defendant registered ownership in the name of the Defendant and created a mortgage of KRW 7,400,000 with the victim as the creditor on the same day.
Nevertheless, at that time, the Defendant had a single name “F” where the identity of the said car is unknown, and had it considerably difficult to discover the location of the said car.
Accordingly, the defendant concealed the above car which was the object of the mortgage, thereby hindering the victim's exercise of rights based on the mortgage.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Automobile register;
1. A complaint;
1. Previous convictions in judgment: The results of inquiry, the details of the disposition, and the application of Acts and subordinate statutes;
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant commits the crime in this case, considering the fact that the crime in this case was committed at a time similar to the crime of final and conclusive judgment, and that the defendant has agreed with H which acquired claims from the victim and H which was wholly agreed to do so.