Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

1. On July 25, 2014, the defrauded: (a) around July 25, 2014, the Defendant made an application for a loan stating that “50 million won is to be repaid the principal and interest during the period from August 25, 2014 to July 25, 2017 between 36 months and 188,199 won per month; and (b) submitted it to the Defendant Hyundai Capital Co., Ltd.

However, the defendant did not have the intent or ability to repay even if he received the above loan from the victim company.

Nevertheless, the defendant deceivings an employee in charge of not knowing the name of the victim company, and he received five million won as a loan from the victim company for the same day.

2. The Defendant: (a) received a loan from the Defendant Hyundai Capital Co., Ltd., Ltd. to KRW 5 million; and (b) around July 29, 2014, the Defendant created a mortgage on the mortgagee’s claim amounting to KRW 3,500,000,000 for the victim company and the claim amount.

Nevertheless, on October 2015, the Defendant requested an auto-scrapping business operator whose trade name is unknown, to scrap the above vehicle and deliver the vehicle, and the above vehicle was scrapped at a place where it is impossible to identify the place of Busan or lower on October 13, 2015.

Accordingly, the defendant damaged the defendant's property which was the object of the victim company's rights and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by a modern capital company;

1. A loan application, a motor vehicle registration ledger, or a copy of business registration certificate;

1. Statement of transactions by account and details of deposits;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347(1) of the Criminal Act, Article 323 of the Criminal Act, and the choice of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.