On August 27, 2015, the Defendant purchased BWts S350-L car at an irregular place, and received a loan of KRW 54,500,000 from C Co., Ltd. to pay the purchase price of the vehicle in installments of KRW 1,615,211 each month between 48 months and 48 months, and entered into an installment loan agreement between the Defendant and the Defendant’s ownership registration on August 28, 2015. On August 31, 2015, the Defendant established a collateral security right of KRW 27,250,000 with respect to the said car.

On June 3, 2016, the Defendant offered D, a non-standing land, as collateral, KRW 20,000,000,000 to D, a loan from the Defendant, and on November 3, 2016, D, who did not receive money from the Defendant, transferred the said vehicle to a third party in the name of “large-to-large vehicle” in the name of the third party at the time of debt non-performance, with the knowledge of the fact that D, who did not receive money from the Defendant, exceeds E. In addition, the Defendant additionally delivered documents, such as the registration certificate of the said vehicle, the certificate of personal seal impression, the certificate of transfer of the vehicle, the certificate of renunciation of the vehicle, and the letter of credit transfer written consent, etc., recorded in the blank column, to D, and eventually, it was impossible for C to grasp the location of the said vehicle.

Accordingly, the defendant concealed his own vehicle, which was the object of the rights of the above victim company, and obstructed the exercise of mortgage by the victim company.

Summary of Evidence

1. Copy of the protocol concerning the interrogation of the police officers, and the protocol concerning the interrogation of the police officers of the accused;

1. A written statement of G’s agent;

1. Investigation report (organization of vehicles subject to investigation), investigation report (to hear statements from witnesses D), investigation report (to hear additional statements from witnesses D);

1. Application of a contract, an application for debate, an agreement of debate, a notification of takeover of claims, notification of transfer of credit information, announcement and certification of contents thereof, register of automobile registration, ledger of automobile transfer certificate, and statutes governing the automobile transfer certificate;

1. The relevant Article of the Criminal Code, Article 323 of the Criminal Code, and the reason for sentencing of sentence of imprisonment.