A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

【The Defendant was sentenced to 12 years of imprisonment with prison labor for robbery, etc. at the Seoul Western District Court on May 1, 2003. On August 8, 2006, the Daejeon District Court rendered a sentence of eight months of imprisonment with prison labor for obstruction of performance of official duties, etc. on August 7, 2015.

[Criminal Facts]

1. On March 31, 2016, at the office of Gangseo-gu Seoul (State) in Gangseo-gu, Seoul, the Defendant: (a) purchased the food No.D car in 2009 at the office of Gangseo-gu, Seoul; and (b) in fact, the Defendant, despite having no intent or ability to repay the loan, by deceiving an employee in the name of the victim E Co., Ltd. as if he would have paid the loan normally; and (c) by deceiving the victim as if he would have paid the loan normally; and (d) by deceiving the amount equivalent

2. On April 5, 2016, the Defendant: (a) set up a mortgage on the No.N. car in the No.N. car to cover the money borrowed from the injured party, such as Paragraph (1), at a place where the location is unknown; and (b) the said No. 9.5 million won.

Nevertheless, on December 2016, the Defendant’s failure to pay the loan specified in paragraph 1, and thereby, obstructed the victim’s exercise of rights by concealing the said No.N. car by offering it as security to the needy (F) and preventing the victimized person from compensating for the said loan.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Contract, payment order, notification scheduled to proceed with the legal procedure, ledger of automobile registration;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (the result of inquiry about confinement information, confirmation of criminal history, and text of judgment);

1. Relevant Article 347 of the Criminal Act, Articles 347(1) and 323 of the Criminal Act (a point of fraud), and each choice of imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The period of repeated crimes with reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes.