A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On September 18, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud, and the said judgment became final and conclusive on March 3, 2018.

【Criminal Facts】

On January 16, 2015, the Defendant purchased the NAS vehicle B, and borrowed 16.9% annual interest rate from the victim LAC, 35 million won from the loan period, 36 months, and on the condition of installment repayment such as equal principal and interest, etc., and on January 19, 2015, the Defendant created a mortgage on the above vehicle amounting to 17.5 million won.

On February 2, 2015, the Defendant transferred the above vehicle to a person who was unable to know the location of the said vehicle.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is the object of the victim's mortgage, and interfered with the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of witness E;

1. A certificate of registration or an application for loan;

1. Previous conviction: Determination as to the assertion of criminal records and defense counsel

1. The gist of the argument is that the Defendant did not intentionally conceal the Neassi Vehicle in its holding (hereinafter “instant vehicle”).

2. In light of the following circumstances revealed through the evidence of the judgment, the defendant can be found to have intentionally concealed the instant motor vehicle. Thus, the defendant and the defense counsel’s assertion is not accepted.

According to Article 3(1) of the document establishing a right to collateral security, when the defendant intends to change the current state that may hinder the preservation of the victim's claims, such as the loss of the instant vehicle, he/she shall obtain prior consent from the victim.

However, even though the Defendant did not transfer the instant vehicle to a person who was under his name, and did not transfer the instant vehicle to another person, the Defendant did not obtain consent from the victim, and the location of the instant vehicle.