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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 order 944] On December 26, 2012, the Defendant obtained a loan of KRW 28,200,000 from the Victim Capital Co., Ltd. on a condition that 48 months change, and provided a mortgage on the said vehicle to the victim on January 4, 2013.
Nevertheless, the Defendant did not pay the principal and interest at all from 31 times, and did not reside at the registered domicile on August 2015, and refused the victim’s request for return of the said vehicle by avoiding contact with the victim, etc., and obstructed the victim’s exercise of rights by concealing the vehicle that became the object of the mortgage by rejecting the victim’s request for return of the said vehicle by means of avoiding contact with the victim.
[2017 Senior 539] The Defendant, while serving as a police officer, retired on May 28, 2015, and was actually operating a cleaning service business chain D company.
On June 24, 2013, the Defendant shown the documents in which the expected amount of retirement benefits to the victim F was KRW 73 million at the office of the Sinsi E and the second floor “D”, and falsely stated that “When the Defendant borrowed the said money, he would repay the said money to the victim F by December 23, 2013 and even if the due date goes beyond the due date, the Defendant would have to repay the said money to the victim F as retirement benefits.”
However, the Defendant had already reached KRW 130,000,000,000 for bank obligations, such as a new bank and Aju Capital, and the monthly fixed expenditure, excluding the loan’s own living expenses of KRW 1.9 million, KRW 1.3 million for divorced spouse’s living expenses, KRW 1.3 million for office and KRW 800,000,000 for office, did not have any intent or ability to repay the said money with the Defendant’s income and retirement allowances until December 23, 2013, even if the Defendant borrowed the said money from the injured party.
The defendant is the same day as that of the victim by deceiving the victim as above.