Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

[criminal power] On July 24, 2014, the Defendant was sentenced to seven months of imprisonment for fraud and two years of suspended execution at the Daejeon District Court, and the said judgment became final and conclusive on August 1, 2014.

【Criminal Facts】

On February 17, 2012, the Defendant created a mortgage equivalent to KRW 7,700,000 of the amount of the claim against the said vehicle, when the Defendant borrowed KRW 7,700,000 from the victim Dongyang Life Insurance Co., Ltd. to purchase the Dokdong 791-1 located in Gangnam-gu, Gangnam-gu, Seoul, in order to purchase the Dokdong Cargo Vehicles.

After that, in 2012, the Defendant provided the said vehicle as security while borrowing money from AD, and the victim did not inform the execution officer and the victim of the defect despite being aware of the location of the said vehicle in order to execute the order for delivery of the said vehicle prior to the application for auction of Seosan Branch E to the Daejeon District Court.

Accordingly, the defendant concealed his own vehicle which is the object of another person's right and obstructed the exercise of another person's right.

Summary of Evidence

1. A witness F or D's legal statement;

1. An application for loans, etc.;

1. Peremptory notice, protocol of non-delivery of motor vehicle, register of motor vehicle;

1. Loaner A's activity history;

1. Previouss before and after judgments: Application of the Acts and subordinate statutes governing criminal history records, written judgments, case details inquiry, and output of screen pictures;

1. Article 323 of the Criminal Act applicable to the crime;

1. Selection of an alternative fine (the fact that the defendant has agreed with the victim on February 9, 2015, the degree of damage, the age of the defendant, his/her previous offense, etc.)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.