Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 10, 2017, the Defendant was sentenced to two years and eight years of imprisonment with prison labor for the crime of attracting profit in the Goyang Branch of the District Court, and the said judgment became final and conclusive on July 10, 2017.

On March 27, 2014, the Defendant purchased a cub car in the Jung-gu Seoul Special Metropolitan City, Daejeon Special Metropolitan City, 448-1 on March 27, 2014, and agreed to pay KRW 1,447,393 for 36 months each month with a loan of KRW 39 million from the victim's modern capital, and received delivery of the said car. On March 28, 2014, the Defendant transferred the said vehicle under the name of the Defendant and created a mortgage over KRW 39 million to the victim.

Nevertheless, on January 2016, the Defendant borrowed KRW 20,000,000 to the branch of C without notifying the victim, and delivered the vehicle as security, and made his/her whereabouts unknown, thereby hindering the victim from exercising his/her rights by concealing the goods of the Defendant, which became the object of the mortgage in the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement concerning complaints filed by the police against D;

1. A written application for the loan of modern capital (A), investigation report (to a witness C telephone conversations);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (verification of concurrent facts after Article 37 of the Criminal Act);

1. Relevant Articles 323 and 323 of the Criminal Act concerning facts constituting a crime, and selection of a specific punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;