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A defendant shall be punished by imprisonment for six 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 September 21, 2017, the Defendant purchased C Poter II truck from the JB Gap Capital Co., Ltd., with the loan period of 48 months and the agreement as the autonomous 20.4% per annum. On September 22, 2017, the Defendant offered the said vehicle as security by borrowing KRW 12,60,000 from the JB Gap Co., Ltd., the mortgagee, the mortgagee, the Defendant, the mortgagee, and the claim value of KRW 6,30,000 on the said vehicle. However, on November 1, 2017, the Defendant offered the said vehicle as security by borrowing KRW 2,00,000 from the “E”, the Credit Business Co., Ltd., located in Jung-gun, Gangwon-do, for the said vehicle.
Accordingly, the defendant concealed his own property which is the object of another person's right or possession, thereby hindering the victim's exercise of rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Statement of complaint, attached documents, agreement on the middle and high-class complaint, ledger of registration of automobiles, written decision on the commencement of voluntary auction of automobiles, and details of the impossibility to deliver automobiles;
1. Application of Acts and subordinate statutes to an investigation report (to listen toG telephone or H representative telephone statement);
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The 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 (6-1 year to prevent exercise of rights) (6-1 year) [the person subject to special sentencing] [the judgment of sentence], and the defendant’s age, sex, environment, motive, means and consequence of the crime, and various sentencing conditions shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered.
- Not recovered from damage - There is no reflect/ the same kind of action and no previous conviction exceeding a fine of 10 years;