On April 5, 2010, the Defendant was released on September 30, 2011, when he was sentenced to two years of imprisonment for fraud, etc. at the Seoul East District Court, and the remaining term of imprisonment has expired on January 29, 2012. On October 26, 2017, the Daejeon District Court was sentenced to four years of imprisonment for fraud, and the judgment became final and conclusive on November 3, 2017.

On February 27, 2014, the Defendant purchased the Dak Pung-P car at the office located in the K&P office located in Ansan-si, Seoul Special Metropolitan City, the Defendant agreed to obtain a loan of KRW 16,500,000 from one victim capital Co., Ltd. to repay KRW 616,560 between 36 months and 36 months in equal repayment of principal and interest. On February 28, 2014, the Defendant set up a collateral security right on the said car in the future of the victim.

However, on November 2014, the Defendant offered the said car as collateral to D, a bond company, and made it impossible to identify its location, thereby hindering the victim’s exercise of rights by concealing things which became the object of the victim’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Details of installment payments, agreement on installment payments as used cars, and vehicle register; and

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on confirmation of previous convictions in disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (i.e., fraud for which the remaining term of punishment has elapsed on January 29, 2012)

1. Grounds for sentencing under Article 39(1) of the Criminal Act (the foregoing crime and the crime of fraud, which became final and conclusive on November 3, 2017) provided for in the latter part of Article 37 of the same Act;

1. The sentencing criteria are not applicable inasmuch as the previous criminal records of fraud and the subsequent concurrent crimes after Article 37 of the Criminal Act have become final and conclusive in November 3, 2017, as the sentencing criteria are applied or not.

2. The Defendant has a record of criminal punishment several times prior to the instant crime.