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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 August 16, 2013, the Defendant entered into an agreement to pay KRW 17,00,000,000 to Hyundai Capital Co., Ltd. and KRW 492,297 every month from September 25, 2013, and set up a mortgage on KRW 17,00,000 on the said loan on the said car.
The defendant paid only seven installments of the total 48 installments and did not pay installments from March 25, 2014. On May 20, 2015, the victim transferred the above loan claims against the defendant to a limited company specializing in EPS, and on January 18, 2017, a limited company specialized in EPS first transferred the above loan claims to the defendant to the limited company specializing in EPS, and on January 18, 2017, the company requested the return of the above car by sending a certificate of demanding delivery of the mortgaged vehicle to the defendant to exercise the mortgage right.
However, on April 2015, the Defendant borrowed 4 million won from a person who borrowed a name-free loan business from the north-dong in the Sinsan-si, Sinsan-si and provided the said car as a collateral and made it impossible to identify the location of the said vehicle.
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. Application of Acts and subordinate statutes to accusation reports and investigation reports (related to the submission of the motor vehicle registration ledger);
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no basic area (6 months to 1 year) [the person who has been subject to special sentencing] [the decision of sentencing] of the Defendant’s mistake is divided, and the Defendant paid part of the installments, and the Defendant appears to have been provided as a security because it is difficult for him to be in fact operating a vehicle for more than one year.
However, damage to the victim.