A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 27, 2019, the Defendant was sentenced to a suspended sentence of one year for four months at the Seoul Central District Court for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the said judgment became final and conclusive on October 5, 2019.

【Criminal Facts】

The defendant is the owner of a car by obtaining a franchise.

On January 8, 2019, the Defendant borrowed 5 million won to the victim B for 3 months in Ansan-si D, Annyang-si, the Defendant borrowed 5 million won from the Defendant to the victim B and transferred the car possession to the victim.

At around 22:00 on July 19, 2019, the Defendant: (a) even though F was unable to repay its debts to H located in Ansan-gu G, Ansan-si, the Defendant: (b) driven the said vehicle through an article with a name non-name-fexer; and (c) concealed it in a place where the victim was unaware of, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Automobile register;

1. A photograph by cutting a text message;

1. Previous convictions in judgment: Criminal records, summary of case agreement assistance, application of court rulings and other statutes;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Improvement of Lawsuit, etc. of Application for Compensation (the scope of liability for compensation is unclear and it is inappropriate to issue an order for compensation in the criminal proceedings);

1. Scope of punishment by law: Not more than five years of imprisonment;

2. Sentencing Criteria: Since the latter part of Article 37 of the Criminal Act is concurrent, it is not applied to the sentencing criteria: Provided, That it refers to the following sentencing criteria: (a) there is no [type 1] obstruction of exercise of rights, etc. [the person who is a special person] [the area of recommendation and the scope of recommendation]; (b) basic area; (c) six months to one year.