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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 13, 2015, the Defendant purchased a used vehicle with B Benz E220 high-end car in the sphere of high-speed car in Suwon-si, and was granted a loan of KRW 43,00,000 from the victim's efficacy Capital Co., Ltd., and on February 16, 2015, the Defendant set up a right to collateral security of KRW 21,50,000 with respect to the said vehicle as security for the above loan obligation of the victim as a right to collateral for the above loan obligation of KRW 16,20.
Nevertheless, around November 2016, the Defendant borrowed money from a person with no name from a person with no name in Seoul Special Metropolitan City, Nowon-gu, the Defendant offered the said car as security to the person with no name.
Accordingly, the defendant concealed his own car which is the object of the victim's right and interfered with the victim's exercise of right.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Complaint;
1. Application of a copy of an application for loan of effective capital vehicles and industry, and a copy of the original register of automobile registration;
1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The reduction area (one month to eight months) (any person who has been specially mitigated) within the mitigated area (one month to eight months) shall not be subject to the application of the sentencing criteria (the scope of the recommended punishment)
2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.
The favorable circumstances: The amount of damage is not so small that there is no record of punishment for the victim, and there is no record of punishment exceeding the same kind of crime and fine: