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A defendant shall be punished by imprisonment for six months.
except that 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 November 14, 2016, the Defendant: (a) at the victim C Co., Ltd. located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Seoul, borrowed the amount of KRW 9 million from the victim as collateral; and (b) on November 15, 2016, established a mortgage on the said vehicle as a mortgagee.
On January 2018, the Defendant provided the above vehicle as security to E, a bond company, at an influence place, and concealed the location of the above vehicle that became the object of the victim’s right.
Summary of Evidence
1. Statement on the complaint, supplement statement of the defendant F in court;
1. A complaint;
1. Application of a credit transaction agreement, a mortgage creation contract, an automobile registration certificate, and the register of automobiles statutes;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person] and the basic area of recommendation, six months to one year.
3. Determination of sentence: Imprisonment with prison labor for six months, and conditions unfavorable to a suspended sentence for two years: The crime of this case is not the case where the defendant again provides a third party with a vehicle as a collateral while he/she fails to repay the guaranteed loan.
A favorable circumstances: The defendant recognizes a crime.
The loan seems to have been partially repaid.
There shall be no record other than once a fine is imposed due to a crime of this species.
The above circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, and the above sentencing guidelines shall be determined as ordered.