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A defendant shall be punished by imprisonment for four 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
피고인은 2011. 3. 18.경 인천 남구 도화동 618-3에 있는 피해자 ‘우리파이낸셜㈜’(우리종합할부금융)에서, B 그랜저 차량을 구입하면서 피해자 회사로부터 차량 구입자금 명목으로 1,500만 원을 대출받고, 같은 달 22일경 위 대출금 채무에 대한 담보로 위 차량에 관하여 피해자 회사를 근저당권자로 하고 위 금원을 채권가액으로 하는 근저당권을 설정하였다.
On November 2, 2011, the Defendant notified the victim company of the loss of the benefit of time due to the unredeemed of the loans from the victim company, but around that time, the said vehicle was provided as a collateral for the obligations to those who are not entitled to separate creditors' name.
Accordingly, the defendant concealed his own property, which was the object of the victim company's right, and obstructed the victim company's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution against C;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Obstruction of Exercise of Rights (Obstruction of Rights) No. 1 [Decision of Sentence / No. 6-1] [Decision of Sentence ] [Decision of Punishment] was not restored due to unfavorable circumstances, the fact that the defendant recognized the crime and reflects against the defendant, and that the defendant has no same penal power as the defendant, etc., shall be considered in favorable circumstances, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct, environment, etc. as indicated in the records and arguments of this case, shall be determined