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A defendant shall be punished by imprisonment for not more than ten 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
The Defendant is a person who operates E Co., Ltd. (hereinafter referred to as “E”), a construction machinery leasing company located in Gangseo-gu Busan Metropolitan Government D.
On June 20, 2008, the Defendant purchased a F 45 ton in E’s name, and took out a loan of KRW 430 million from Han Capital Co., Ltd., the injured party, to pay the principal and interest in the equal repayment method for 60 months. To secure this, the Defendant set up a mortgage of KRW 430 million with the injured party as the creditor of the claim amount.
The Defendant paid the principal and interest of the above loan and received management difficulties from E around January 2012, and failed to pay the principal and interest thereafter.
After February 12, 2013, the decision of voluntary decision on the commencement of the set-off of the Suwon District Court was rendered with respect to the above for the foregoing for the foregoing for the foregoing for the foregoing for the foregoing for the family court. On February 2, 2013, the Defendant provided the Defendant’s wife G for the payment of debts to H Co., Ltd. with the representative director without the victim’s consent, and concealed the said for the foregoing for the said family court
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. Application of the construction machinery register, field photographing statutes;
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim cancels his/her complaint, the fact that there is no record of punishment heavier than the fine, or that there is no record of recognizing mistake);
1. Social service order under Article 62-2 of the Criminal Act;