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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 January 16, 2009, the Defendant purchased a Da SM5 car in the 2009-type D SM5 car under the joint name of the Defendant and the Defendant’s living together, and disposed of or destroyed the ownership of the said car without the consent of the victim without any consent of the transfer or modification of the right of pledge, etc., in order to meet the amount equivalent to 24,140,000 won of the purchase price of the automobile from January 16, 2009 to January 21, 2013, according to the interest rate of 8.9% per annum for 415,000 won per month from January 16, 2009 to the social service Korea (State) with the repayment of principal and interest equal, etc., and as security, on the said car purchased by the Defendant on or around January 19, 2009, the Defendant did not arbitrarily transfer or destroy the said car to another person without consent of the victim’s mortgage.
Nevertheless, on December 10, 2010, the Defendant borrowed KRW 5 million from a person who is "F" on the roads in front of a house in the non-family place located in Pyeongtaek-si without the consent of the victim, and offered the said car as security along with a certificate of personal seal impression, etc. under the name of the Defendant and E, thereby hindering the victim's exercise of rights by concealing the said car owned by the Defendant, which was the object of the victim's rights.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of suspect interrogation by the prosecution against E and the accused;
1. Protocol of the police statement concerning G;
1. Application of statutes, such as the president, the register of automobiles, the application for loans, etc., installment financing and loan agreement;
1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. The purpose of the victim's right is to pay the installment nine times under Article 62 (1) of the Criminal Act.