A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 10, 2015, the Defendant obtained a loan of KRW 39 million from the victim Aju Capital Co., Ltd. in Daegu North-gu, Daegu-gu, and subsequently purchased the vehicle from D (E) BMW X6, the Defendant agreed to repay the said loan by 1,083,420 won each month between July 10, 2015 and 48 months from July 10, 2015. However, the Defendant created a mortgage over the amount of KRW 19,50,000 to the victim as the mortgagee.

Since August 2015, when the defendant delayed the payment of installment payments, the victim sent a peremptory notice to the defendant around December 23, 2015 to inform the defendant of the termination of the installment contract. On January 11, 2016, the defendant made a written statement of payment and written consent of legal measures against the victim.

Nevertheless, on January 27, 2016, the Defendant obtained a loan of KRW 15 million from H, an operator of G Lending Business in Daegu-gu, Seo-gu, and obstructed the victim’s exercise of rights by concealing the said car, which was the object of the victim’s mortgage, by creating a mortgage over the claim amounting to KRW 19.5 million with the said BM X6 vehicle as security, with H as the mortgagee around the 28th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (in the case of an excursion ship call which is held by mortgagee after the vehicle), investigation report (in the case of attaching documents submitted by mortgagee after the vehicle);

1. Application of Acts and subordinate statutes to the complaint, copy of loan application, and the ledger of automobile registration;

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The basic area (from June to one year) of the recommended punishment (no person subject to special sentencing) according to the sentencing guidelines shall interfere with the exercise of the right;

2. Conditions unfavorable to the decision of the sentence: The defendant's concealment of the above vehicle in the way that the defendant set a priority mortgage on the above vehicle and transfers its possession to another person is not good. The location of the above vehicle has not been identified until now.