A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 3, 2011, the Defendant borrowed KRW 30 million from the victim (ju) social grouped by Korea on November 3, 2011, and set up a collateral security interest of KRW 30 million for the said vehicle as the mortgagee, the Defendant as the debtor, with the claim value of KRW 30 million.

On February 2, 2012, the Defendant transferred the foregoing vehicle to a bond manager at a “F cafeteria” parking lot located in Namyang-si, Namyang-si, and concealed the foregoing vehicle that became the object of the victim’s right, thereby hindering the victim’s exercise of the security right to the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Agreements of installment financing and original register of automobile registration;

1. Investigation report (the date, time, and place of the suspected crime) (the defendant was in a state of mental and physical weakness at the time of committing the instant crime);

However, in light of the circumstances leading up to the crime, the time of the crime, the circumstances after the crime, etc., the defendant had the weak ability to discern things or make decisions at the time of the crime.

Therefore, the defendant's above assertion is without merit.

Application of Statutes

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. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right.

3. The fact that the Defendant’s criminal punishment had not been recovered due to the instant crime, and that there were three times the past records of the Defendant’s criminal punishment, and that there were three times the past records of the suspended execution or more.

On the other hand, the fact that the defendant suffers from diseases such as alcohol addiction, liveration, depression, etc., and that the defendant committed the crime of this case after being urged to pay by the bond company is more favorable.

The above circumstances are as follows.