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A defendant shall be punished by imprisonment for six 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
1. Around December 4, 2018, the Defendant entered into a loan agreement with a staff member in charge of the Dispute Resolution Co., Ltd. (hereinafter “BMWGGG car purchase”) who purchased a BMG car within the office of the Dispute Resolution Co., Ltd. (hereinafter “BMWGG car purchase”) and that “the Defendant will pay the loan in installments for 48 months on the face of the week in lieu of 37 million won.”
However, the defendant did not have any intention or ability to repay the loan at the agreed time because there was no particular income or property at the time.
As above, the defendant deceivings employees of the victim company to pay the victim company the amount of KRW 37 million to the LAC.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
2. The Defendant purchased the said car at the above date and at the above place in accordance with Paragraph 1, and entered into a loan agreement with the victim LAD Co., Ltd. to make an equal repayment for 48 months, and on the same day, set up a mortgage on the same day by which the victim company as the mortgagee and the bond value is KRW 18.5 million.
Nevertheless, on February 7, 2019, the Defendant borrowed 5,500,000 won from a credit service provider in the name-free place and transferred the said car at his own discretion to make it unclear the location.
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. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to the petition for accusation and attachment;
1. Relevant Article 347(1) of the Criminal Act, Article 323 of the Criminal Act, and Article 323 of the Criminal Act, the choice of imprisonment for a crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. However, in light of the fact that a vehicle, which is the object of the mortgage, is disposed of without the consent, without stating the reasons for the fraud of the sentencing under Article 62(1) of the Criminal Act, it is not easy to impose a punishment