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 July 14, 2016, the Defendant was sentenced to four months of imprisonment and six months of imprisonment at the Incheon District Court for a violation of the Road Traffic Act, and the judgment became final and conclusive on July 18, 2016.

On May 21, 2015, the Defendant: (a) purchased an EM5 car from the Manosung Motor Vehicle D agency in the Nam-gu Incheon Metropolitan City, and paid KRW 403,000 in cash; (b) borrowed the remainder of KRW 25,610,00 from Korea Social Services Co., Ltd. (hereinafter “victim Co., Ltd”); and (c) repaid it in installments for 48 months; and (d) set up a collateral security right under the name of the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) with a claim amounting to KRW 5,200,000 on the said car owned by the Defendant.

On May 2016, the Defendant: (a) called the “Ftel in the vicinity of the Jung-gu Incheon Metropolitan City,” and then, (b) lent KRW 5 million to a lending company in the trade name of “G” and then, (c) transferred the said loan to the party who sent it to the said lending company; (d) made it impossible for the victim company to exercise the mortgage right by making it impossible to grasp the location of the said car.

As such, the Defendant concealed his own car, which is the object of the mortgage of the victim company, thereby hindering the exercise of mortgage by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (investigation into disposal of an object vehicle);

1. The complaint and a copy of the installment financing agreement attached thereto, the register of automobiles;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (informating a copy of the judgment, etc.);

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

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