Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 1, 2016, the Defendant purchased one car car with CSM 7 passenger cars in Dong-gu Incheon, Dong-gu, Incheon, and received a loan of KRW 10 million from the victim EF Savings Bank in the name of the vehicle price, and on June 3, 2016, the Defendant created a single collateral security on the above vehicle in the name of the victim company.
The Defendant, from August 3, 2016 to August 3, 2016, failed to pay installments, and received a request from the victim company for return of the vehicle from around August 19, 2016, the Defendant delivered the said vehicle to the mutual unregistered credit service provider and concealed it on October 2016.
In this respect, the defendant concealed objects that were the objects of the victim company's rights and obstructed the exercise of rights by the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. Each investigation report (to have telephone conversations of a suspect and witness D, a complainant's agent Elecommunications);
1. Complaints filed by the exchange bank in the case savings for stock companies;
1. Details of consultation, application agreement for debate, inquiry by the president of a loan for general funds, and verification of the contents thereof (a notice of scheduled loss of the term);
1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;
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 the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the persons who are in charge of special sentencing] [the persons who are in charge of the exercise of their rights] - The elements of mitigation: sources of punishment (including serious efforts to recover damage): [the scope of the recommended punishment] [the scope of the recommended punishment] 1 month to 8 months [the persons who are in charge of general sentencing] - The factors of mitigation: the strong reflectness;
2. Whether to suspend the execution (main reasons) - positive: Non-performance of punishment (including serious efforts to recover damage) (including general circumstances) - positive: Serious reflection;
3. The defendant's crime of sentence decision is due to the payment of only the installment corresponding to the two months after obtaining a loan for the purchase of the vehicle and the loss of the benefit of time;