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A defendant shall be punished by imprisonment for six months.
However, 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 April 28, 2008, the Defendant purchased a heavy E-car from D installment financing agencies located in Gangseo-gu Seoul Metropolitan Government, and borrowed KRW 10 million from the victim Hyundai Capital, and set up a collateral security in the name of the victim for the said car.
In such a case, even though the Defendant had the duty to keep the said vehicle for the mortgagee as collateral, the Defendant borrowed 3 million won from the person who was unaware of his name on August 2009 and provided the said vehicle as collateral for transfer, thereby hindering the victim's exercise of rights.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was not agreed with the victim, but the defendant hardened to repay the damage as a result of his/her own misunderstanding of depth. The amount of damage caused by the crime of this case, the age, character and conduct and environment of the defendant, motive, means and consequence of the crime of this case, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.