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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 16, 2011, the Defendant agreed to pay KRW 27 million to the victim Hyundai Capital Co., Ltd. at the office of the Defendant located in Gwangju North-gu, Gwangju-gu to repay the purchase fund of KRW 36 months in a equal repayment method of principal and interest, and received the loan from the Defendant, and set up a right to collateral security at KRW 13.5 million in the name of the victim of the said car, and the said loan and the right to collateral security was transferred to the limited company specialized in the securitization on May 4, 2016.
Nevertheless, while the Defendant did not pay installment loans after April 25, 2012, the Defendant borrowed KRW 19 million from a person whose name is unknown on June 2012 without complying with the request for repayment of installment loans from the injured party and the request for delivery of the said vehicle several times, and the location of the said vehicle is unclear, such as providing the said vehicle as collateral.
Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of the subsidiary financial agreement to be made and the Acts and subordinate statutes of the Automobile Registration Register;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] There is no person [the person who has been subject to special sentencing] [the decision of sentencing] under Article 62(1) of the basic area (including six months to one year) of the Criminal Act [the decision of sentencing] [the defendant confessions the crime, is divided into the defendant's mistake, the defendant is paying damages, there is no criminal record exceeding the same kind and fine, the amount of mortgage establishment, the amount of the defendant's age, sexual behavior, environment, motive for the crime, circumstances after the crime, etc., as a whole, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, motive for the crime