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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is the owner of a freezing wing wing vehicle B.
On August 28, 2014, the Defendant took out a loan of KRW 93 million from the victim Vien Capital Co., Ltd., Ltd., Ltd., which is located in Pyeongtaek-si, Chungcheongnam-do, Goi-do, 439-1, from the victim Vien Capital Co., Ltd., the Defendant set up a right to collateral security with the victim company as a mortgagee on the foregoing vehicle on September 12, 2014.
On April 4, 2016, the Defendant received an order from the Suwon District Court to deliver the said vehicle and subsequently concealed the said vehicle without complying with the order, in order to execute the installment payment of KRW 90,782,556 from the victim company as a result of the Defendant’s failure to repay the installment loan from September 2015.
Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.
Summary of Evidence
1. Defendant's legal statement;
1. Complaints, applications for installment financing and erroneous discussions, notices on the loss of time limit, and inquiries about the details of requests received;
1. Application of Acts and subordinate statutes on car delivery records;
1. Article 323 of the Criminal Code of the relevant criminal facts; Article 323 of the Criminal Code of the Criminal Procedure for the sentencing of the sentence of imprisonment [the scope of recommending punishment] No person who has no basic area (6-1 year) (6-1 year) [the decision of sentencing] [the decision of sentencing] the defendant concealed the location of the instant vehicle operated by him/her so that the victim company could not grasp the location of the instant vehicle and thereby interfere with the exercise of rights. The crime of this case is deemed to be bad, and the victim company denies liability for the reason that the defendant did not have a duty to return the instant vehicle, even though he/she did not recover claims equivalent to KRW 90 million, even though he/she did not