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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant is a person entering into the “E” operated by D and operated by the Defendant.
On February 1, 2011, the Defendant: (a) received request from D to “a borrower who borrowed the name of the F F F F F F F F F F F F F F F F F F F F FF; (b) received the name lending fee; (c) provided that the Defendant was exempted from the ffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffff
D, however, since August 201, 201, since its business operation failed to pay the installment and the payment fee for the Ariju Capital properly, it was unpaid, and the Ariju Capital set up a provisional attachment on an apartment owned by the Defendant, the name of the borrower. Accordingly, from March 2012 to June 2012, the Defendant paid 10630,000 won in lieu of the installment from March 201 to June 201, and the Defendant demanded D to return the said substitute payment and change in the name of the Friju.
After October 4, 2012, D entered into a contract with the victim G to transfer the FF truck's position in KRW 50 million, and sought consent from the defendant. The victim transferred the FF truck's position to the AF truck's position in the name of the defendant, and the victim terminated the provisional attachment, etc. established on the apartment owned by the defendant after completely transferring the FF truck's position in the name of the defendant. On October 5, 2012, D took over the FF truck from D.
On November 11, 2012, the Defendant: (a) opened an F Cargo Track amounting to KRW 50 million at the market price of the victim’s possession parked at that place; and (b) cut off the said Cargo Hack, on the ground that D did not pay KRW 10630,000 in installments paid by the Defendant on behalf of the Defendant and KRW 8,000,000,000 in arrears to SM Logistics Co., Ltd.; and (c) stolen the said Cargo Hack by driving the said Cargo Ba.
Summary of Evidence
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