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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On March 28, 2016, the Defendant purchased a set-off car at the office located in the office located in the office located in the office located in the head of the Suwon-si, Suwon-si, which is located in 1045, and borrowed 18,500,000 won for the vehicle from the victim K-F Capital Co., Ltd., and thereafter, the Defendant established a mortgage on the said car at the market price of 18,660,000 won, which is owned by the Defendant as a security for the above borrowed money.
On January 12, 2017, the Defendant borrowed KRW 6 million from the “EF” Seoul Fagnan located in D, Gangwon-do D, and delivered the said passenger car as a security for the said borrowed money.
Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A complaint, a partial certificate of registered matters, an application for new installment loan, a copy of the summary of the decision, a copy of the decision, a protocol not to deliver a motor vehicle, a certified copy or abstract of the motor vehicle registration ledger;
1. Details of transactions of entering and withdrawing funds by the receiving period;
1. Application of Acts and subordinate statutes on criminal investigation reports;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Scope of recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to one year (the scope of recommended punishment) and the basic area (up to six months from one year from one year from six months to one year from the exercise of the right) (no person who is subject to special sentencing);
2. Normal circumstances that are disadvantageous to the decision of sentencing: the amount of damage is low; and
In light of the fact that there is no criminal record, there is no intention to block the crime of this case from the time of the contract, and the husband and son are not expected to have the intention to block the crime of this case, in light of the fact that the damages are not recovered: one's mistake is recognized and reflected, there is no criminal record, and the details of installment payment.