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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 May 26, 2012, the Defendant purchased DSS5 passenger vehicles at Cagency located in Gwangju-si, Gyeonggi-do, and agreed to repay the principal and interest of the above vehicle at the rate of 56,179 won per annum from June 21, 2012 to May 21, 2017, and then set up a collateral security right with the above loan as the secured claim for the said vehicle.
After receiving the above vehicle, the Defendant paid 19,209,4640,000 won in installments, and did not pay installments after April 22, 2015. The victim sought the return of the above vehicle to secure the above claim and tried to initiate the procedure for the auction of the vehicle. However, on September 2015, the Defendant provided the above vehicle as collateral and provided it with money from the person who was not the party, so the location of the said vehicle was unknown.
Accordingly, the defendant concealed the above vehicle owned by the defendant, which was the object of another person's rights, and obstructed the victim's exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to installment financing and loan agreement, written terms and conditions of sale, scheduled notice of voluntary auction and criminal complaint, F vehicle auction, and written confirmation of automobile registration information;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant commits an error in his/her judgment, the fact that damage has been recovered, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct of the defendant and environment, shall be determined as the same as the order;