On January 28, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on February 5, 2016.

On November 27, 2013, the Defendant purchased the vehicle B in the name of the wife, Inc., Inc., Ltd., 71, a 115-ro 115-gil, Taedong-gu, Daejeon, in order to cover the purchase price of the vehicle, the Defendant borrowed KRW 20 million from Non-Korean Capital to the victim Co., Ltd., and on the same day, registered the establishment of a collateral security right for the said vehicle purchased by the Defendant as collateral with the mortgagee, the mortgagee, and the bond value of KRW 10 million. Thus, the duty to preserve the said vehicle until the repayment of the loan was made for the purpose of the collateral.

Nevertheless, on June 2014, the Defendant borrowed KRW 7 million from a person whose name is not known at the street in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, and transferred the said car as security. As such, the Defendant acquired property benefits equivalent to KRW 7 million borrowed from a person whose name is not known, and the Defendant asserted that the victim’s damage incurred due to the instant crime is the amount equivalent to the loan principal ( KRW 21,534,188), but it is reasonable to deem that the amount equivalent to the security value of the car as stated in the judgment as damages ( KRW 10 million) is equivalent to the amount equivalent to the loan principal (the bond value).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application for a loan of motor vehicle purchase fund, and the original register of motor vehicle registration;

1. Previous convictions in judgment: Application of investigation reports (where a witness A is admitted and a copy of the judgment is attached), and statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: