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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
On June 30, 2015, the Defendant agreed to receive a loan of KRW 20 million from the Plaintiff Filisung Capital Co., Ltd. for 48 months and agreed to pay KRW 629,036 each month for 48 months. On July 1, 2015, the Defendant set up a mortgage on the said loan amount in the name of the victim as the bond value for a car owned by the Defendant on July 1, 2015.
The Defendant provided the above vehicle as security and delivered it to the victim at around 47 months after he/she paid a loan to the victim only once and delayed the loan for about 47 months. On September 2015, 2015, the Defendant provided the above vehicle with a loan of KRW 6,230,00 from "D" as referred to in C 202, Nam-gu, Incheon Metropolitan City on September 2015.
Accordingly, the defendant concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. Written complaint of the invalidated capital company;
1. Terms and conditions of an agreement on loan of a motor vehicle to a de facto capital, an application for agreement on loan of a motor vehicle to a de facto capital, and special agreement on the payment of loans, and power
1. The register of motor vehicle (A, B) and the application of laws and regulations;
1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. The reason for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] Obstruction of Exercise of Right (Obstruction of Right) : (a) there is no person who has a basic sphere (6 to 1 year) [decision of sentence] / [decision of sentence] : (b) although the loans of this case are not considerable, the Defendant has a very small amount of repayment; (c) the Defendant has a suspended sentence of imprisonment once, a 16-time fine; (d) the Defendant has a limited number of fines for the last five years; and (e) there is a number of fines for the latest five years; and (e) other penalty conditions under Article 51