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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around March 11, 2016, the Defendant: (a) purchased Branchising car; (b) obtained installment financing loans from C Co., Ltd., the victim; and (c) created a mortgage on KRW 21.8 million on behalf of the victim company.
On November 2016, the Defendant offered the franchise-free car as security by borrowing KRW 4 million from the bond company registered in the name of the Seoul Fagnb Center in the vicinity of D in the Gangwon-gun located in the Gangseo-gun.
Accordingly, the defendant concealed the car owned by the defendant, which is the object of the victim's right, and thereby interfered with the victim's exercise of right.
2. Around December 2, 2016, the Defendant purchased the E low-priced car from a trade-free car dealer located in Seoul, and applied for a secondary loan to the employee in charge of the victim FF Co., Ltd. on the condition that he/she would pay KRW 12,00,000 of the loan principal to KRW 427,235 on the first day of each month during a 36-month period from December 2, 2016 to December 1, 2019, stating that “The actual place of residence is the No. G building H in Daegu-gu, Daegu-gu, and the contact address of his/her spouse is I.”
However, in fact, the Defendant did not reside in the Dong-gu G Building H in Daegu and did not have the Defendant’s spouse and did not have the ability to pay installments for the above franchise as stated in Paragraph 1, and did not have certain income or property due to the arbitrary disposal of the above cargo. Thus, even if the Defendant obtained installment financing loans from the victim and purchased the above low-est passenger car, he was planned to dispose of the said low-est passenger car by offering it as security to the lending company, not by holding the above low-est passenger car continuously, and there was no intention or ability to pay installments monthly.
Ultimately, the Defendant, as seen above, was urged by the staff in charge of the victim and was given KRW 21,00,000 to him as a loan from the victim.
(i) the evidence;