A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[Criminal record] On August 13, 2015, the Defendant was sentenced to imprisonment with labor for aiding and abetting the use of computers, etc. at the Busan District Court on February 13, 2015 and the judgment became final and conclusive on March 4, 2016.

[2] On May 16, 201, the Defendant purchased one unit of HF (hereinafter “HG”) Nos. Y (hereinafter “HE”) in the name of the Defendant from “HE” located in the Daegu-gu HD around May 16, 201. The Defendant obtained a financial loan from a limited company specialized in the victim HH-backed securitization at KRW 16.5 million for the purchase price of the said vehicle.

According to the above installment financing agreement, the Defendant agreed to repay the principal and interest of loans each month between June 20, 201 and June 36, 2011, and set up a collateral security interest of KRW 678,050,000 for the said car as collateral to the victimized company.

Nevertheless, around July 201 to August 8, 201, the Defendant borrowed 4 million won to a credit service provider under his/her name in front of the elementary school of the thought-gu Busan, Busan, to transfer the said car and interfere with the exercise of the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of HI;

1. Application form for Capital Goods, notice of transfer of claims, and notice of acceptance of entrustment (1j);

1. Previous conviction: Application of criminal history inquiry, investigation report, and judgment-related Acts and subordinate statutes;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act: Provided, That the punishment shall be determined as ordered in consideration of all the conditions of sentencing, including the fact that the reason for sentencing under Article 39(1) is contrary to that of the Criminal Act and the equality with the case that a judgment becomes final and conclusive, etc.