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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 20, 2017, the Defendant purchased Cenz automobiles in Seo-gu Daejeon, Daejeon, and took out a loan of KRW 16 million from the victim AgIs Capital Co., Ltd. as the purchase price for the second vehicle, and set up a mortgage on the above Benz automobiles as the bond price of KRW 11.2 million on around the 21st of the same month.
Nevertheless, on April 2017, the Defendant provided the said car to a person who was named in the name of the deceased (hereinafter “D”) on the 4.5 million won in money borrowed from a person in the name of the deceased (hereinafter “D”), and thereby, obstructed the victim’s exercise of mortgage by concealing the said car owned by the Defendant, which was the object of mortgage.
Summary of Evidence
1. Statement by the defendant in court;
1. A complaint filed against a capital company;
1. Application of Acts and subordinate statutes to mid-to long-term applications, installment terms, agreement on the establishment of a right to collateral security, and details of loans;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;
1. The scope of applicable sentences under law: Imprisonment for one month to five years; and
2. Application of the sentencing guidelines (a type of determination), a crime interfering with the exercise of rights, interference with the exercise of rights, etc., one type of punishment (Scope of punishment recommended), six months of imprisonment, or one year (basic domain).
3. According to the sentence, the Defendant: (a) concealed the instant vehicle by providing the instant vehicle as security and providing it as security to an influent person; (b) in consideration of the fact that the nature of the relevant crime is not good; and (c) the location of the said vehicle has not been identified until now; and (d) the damage has not been restored therefrom, the Defendant is selected to imprisonment.
However, this case's sentencing guidelines and the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc.