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

1. On April 3, 2012, the Defendant: (a) purchased a vehicle by borrowing it from a “motor vehicle trading complex” located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, and (b) purchased a vehicle, and (c) borrowed the vehicle to a loan manager of the victim Aju Capital Co., Ltd. for a loan of KRW 19,80,000 for the purchase of a vehicle by borrowing KRW 19,80,000,000 for a loan, the Defendant would pay KRW 924,060 for each month.”

However, the defendant did not have any particular property at the time, and even if he received an installment financing loan, he did not have any intention or ability to pay it.

The Defendant, as such, by deceiving the victim, received KRW 19,80,000 from the victim as a loan for purchasing cars.

2. On April 4, 2012, the Defendant took out a loan of KRW 19,800,000 as stated in the above paragraph (1) at the time, place, and offered a passenger car as security, and issued a mortgage on the obligee’s claim amounting to KRW 13,860,000 to the Defendant.

Nevertheless, on December 2012, the Defendant borrowed KRW 3,00,000 from the infinite-si of the Gyeonggi-do and through B to the infinite-si of the 3,000,000 to the above car and thereby interfered with the victim's exercise of rights as a mortgagee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Loan contract, the register of automobiles;

1. Application of Acts and subordinate statutes to investigation reports (vehicle custodian B and telephone communications);

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud), Article 323 of the Criminal Act, and the choice of a fine for a crime;

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) of the Criminal Act for the detention of a workhouse;

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