Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

1. Around June 25, 2015, the Defendant purchased D 3 cargo vehicles from C agency located in Yongcheon-si B, Youngcheon-si, and agreed to pay KRW 385,727 per month from the victim E Co., Ltd. to the above vehicle with KRW 385,727 per month for the period of 60 months subject to the establishment of mortgage on the said vehicle. From October 2016 to the Defendant’s creditors residing in Yongcheon-si, the Defendant delivered the said vehicle to the Defendant’s creditors residing in Yongcheon-si, and made it considerably difficult for the victim to identify the location, thereby hindering the victim’s voluntary auction to exercise the mortgage on the said vehicle.

2. Around November 5, 2015, the Defendant purchased Hk5 car at the Cagency located in Yongcheon-si, Youngcheon-si, and agreed from E Co., Ltd. to pay KRW 1,125,00 on the 25th day of each month for a period of 20 months on condition of establishing a mortgage on the said automobile. The Defendant completed the registration of establishment of mortgage amounting to KRW 4,50,000 on the above automobile on November 16, 2015. However, the Defendant requested to deliver the automobile from the victim’s agent because the Defendant failed to repay the principal and interest of the loan after December 10, 2017. However, on February 2, 2018, the Defendant failed to inform the victim of the changed storage place of the vehicle, and obstructed the Defendant’s voluntary auction for execution of the mortgage by having the victim, who is the creditor of the vehicle, find it considerably difficult to ascertain the location of the vehicle, thereby hindering the Defendant’s execution of the mortgage.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement on the supplement of complaint by J;

1. An asset transfer agreement, a notice of assignment of claims, the register of automobiles and the bond contract;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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