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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Around April 25, 2012, the Defendant borrowed 65 million won as vehicle price from the Victim Hyundai Capital Co., Ltd. when purchasing one unit of AD from the office of a limited liability company located in the Full-gu Seoul Special Metropolitan City B at the time of the preceding week.
The above loans were concluded to repay 1,436,709 won on the last day of each month in equal installments of principal and interest during the 60-month period, and a mortgage was established on the said car to secure the obligation of the loans.
However, the defendant did not have the intention or ability to pay the vehicle installments even after receiving the loan.
The Defendant, by deceiving the victim as such, received a loan of KRW 65 million from the victim, and acquired pecuniary benefits equivalent to the same amount.
2. The Defendant: (a) concealed the said vehicle, which is the collateral of the victim Hyundai Capital Co., Ltd., with the repayment of KRW 8734,180 over six times among KRW 65 million, thereby hindering the exercise of the mortgage by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. E's summary of statement;
1. A copy of the application for part of the vehicle (in 2:8 pages of the investigation record), a copy of the register of automobile (in 2:20 pages of the investigation record), the details of payment by customers, and the application of Acts and subordinate statutes of the Schedule of Motor Vehicle (in 2:24 pages of the
1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
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;