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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 2013, the defrauded Co., Ltd.: (a) purchased DNA Round vehicles; (b) agreed to obtain a loan of KRW 22 million from Korea Capital Co., Ltd. under the name of the purchaser; and (c) repay the loan in equal installments with the principal and interest over 48 months.
On July 2014, the Defendant stated that “The Defendant would transfer the above vehicle owned by the victim and pay the remaining installments on the face of the victim” to the victim C.
However, the defendant did not have any particular property or income, and there was no intention or ability to pay the remaining installments even if he received the above vehicle from the injured person due to the credit rating of class 8.
On October 14, 2014, the Defendant, by deceiving the victim, received the above vehicle from the victim at that time, and transferred the name of the owner of the above vehicle to the defendant on October 14, 2014.
2. On September 12, 2013, the victim Korean Capital Co., Ltd., which interfered with the exercise of the right, set up a mortgage on the said vehicle at KRW 22 million for the purpose of offering a loan from the victim company as a collateral for the above vehicle purchase fund.
As stated in paragraph 1, the Defendant: (a) transferred a D Transport Vehicle from C to the Defendant on October 14, 2014; (b) transferred the name of the owner of the said vehicle to the Defendant; and (c) disposed of the said vehicle at his own discretion on around 2015, under the condition that the amount of the loan was paid to the victim company and the remainder of the loan remains.
Accordingly, the defendant damaged the above vehicle, which is the object of the victim company's rights, and obstructed the exercise of mortgage on the above vehicle of the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Original Register of Automobile Registration;
1. Application of Acts and subordinate statutes to report on investigation (report on telephone interviews with victims C);
1. The relevant Article of the Criminal Act concerning the crime;