A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On April 12, 2013, the Defendant was sentenced to one year of imprisonment with prison labor by the Incheon District Court for obstructing the performance of official duties, etc., and confirmed May 24, 2013. On August 12, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor by the same court for fraud, etc. and became final and conclusive August 20, 2015.

On July 10, 2012, the Defendant obtained a loan of KRW 7,00,00 from a vehicle purchase fund to pay KRW 383,862 per month between 24 months, on the condition that he/she would pay the amount of KRW 383,862 per month from the victim KF Capital Co., Ltd. (former Social Co., Ltd.) as security, at around 11, 2012, he/she completed the registration of the establishment of mortgage on the said vehicle to the victim’s future on July 11, 2012, thereby preserving the value of the said vehicle to the mortgagee until repayment of the loan.

On October 2012, the Defendant, in violation of the foregoing duties, borrowed KRW 2,00,000 to C from the shooting distance of small sand located in Seocheon-si, Seocheon-gu, Seocheon-si, 201, transferred the said vehicle as security, and thereafter, C allowed C to transfer the said vehicle to the wife of D, and prepared a letter of waiver for the said vehicle.

As a result, the Defendant acquired financial benefits equivalent to KRW 6,52,635,00 of the non-payment amount of the above vehicle, and suffered financial damages equivalent to KRW 3,500,000, which is the value of the collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. An agreement on secondhand installment loan, an automobile registration ledger, and an asset transaction agreement;

1. Application of a reply to inquiry, such as criminal history, and a report on investigation (the confirmation of concurrent crimes after Article 37 of the Criminal Act) by statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former Criminal Act (amended by Act No. 1293, Apr. 2, 2014).