Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On September 2, 2016, the Defendant borrowed KRW 60 million from the injured party under the name of the victim company on September 21, 2015 on the condition that he/she shall pay in installments each month in KRW 1,682,035, in purchasing Hyundai Capital Co., Ltd. Benz vehicles through a financial company set forth in the U.S. A. A., the Defendant, as the injured party, borrowed KRW 60 million from the injured party on September 21, 2015, and created a single mortgage on the above vehicle for KRW 30 million in the value of the bonds in the name of the victim company.

On December 2, 2015, the Defendant received a request for return of the vehicle from the injured party due to the payment of installments from the Defendant, but the said vehicle was delivered to C, a credit service provider, on December 2015, and concealed it.

In this respect, the defendant concealed objects that were the objects of the victim company's rights and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the complaint form, loan contract, confirmation document on vehicle takeover, motor vehicle registration certificate, exchange slip for loan, and original register of motor vehicle registration to modern capital companies;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and other circumstances of sentencing as indicated in the instant records and trial process, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method, and circumstances after the crime, etc., the sentence identical to the order shall be determined.

The crime of this case at a disadvantage: The defendant purchased the vehicle from the injured party, obtained a loan from the injured party as the price for the vehicle, set up a collateral, and delivered the vehicle to the credit service provider as the collateral and concealed it; the crime is not good in that it interfered with the legitimate exercise of the injured party's rights; and the degree of the injured party's damage is not significant, but the damage is recovered.