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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around September 30, 2014, the Defendant: (a) purchased D QM5 car at the Rotteian Motor Cagency located in Ischeon-si, Leecheon-si, and (b) concluded a car installment agreement with the Social Services Korea Co., Ltd. Co., Ltd., Ltd., Ltd., Ltd., for a loan of KRW 28.3 million: 6.5% per annum; (b) repayment period: 6.5% per annum; (c) from October 27, 2014 to September 27, 2019; (d) payment amount: KRW 553,722 per month; and (c) set a collateral security right of KRW 14.2 million in the name of the victim with respect to the said car.
Nevertheless, the Defendant borrowed 5 million won from “one treatment” of the Credit Service Company as collateral at a closed place on June 2015, and transferred the said car to E employees of the said Company.
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. Defendant's legal statement;
1. A written statement;
1. Investigation report (to have telephone conversations for witnesses);
1. Application of an installment financing agreement, a written confirmation of automobile registration information, a self-register, a written application for registration of transfer, a certificate of automobile transfer, a registration certificate, a power of attorney for automobile transfer, and a written confirmation;
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of recommendation [the scope of recommendation] according to the sentencing criteria, the basic area (6 to 1 year) (a person who has no special form of punishment) of the category 1 (Obstruction of Exercise of Exercise of Rights).
2. Determination of sentence: The Defendant’s failure to recover the amount of damage caused by the instant crime for six months of imprisonment or two years of suspended sentence is unfavorable to the Defendant, or the Defendant recognized and reflected the instant crime, and the Defendant appears to have paid the installment for a considerable period of time. As such, it is deemed that the Defendant had the intention to block the instant crime from committing the instant crime since the contract was concluded.