Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 30, 2009, the Defendant, as the representative director of C, purchased the vehicle for the use of the used vehicle located in Gangnam-gu Seoul Metropolitan Government D in the name of C, and received a loan of KRW 15 million from the used vehicle purchase fund, on condition that the vehicle for the use of the vehicle is paid in an amount equivalent to KRW 620,450 per month between 36 months and 36 months from the victim capital Co., Ltd. as security.

On the 31st day of the same month, the Defendant had a duty to preserve the collateral value of the said car for the victim company by completing the registration of transfer of ownership of the passenger car in the name of C and completing the registration of the establishment of mortgage on the passenger car in the name of the victim company.

Nevertheless, the Defendant, at the end of Gyeyang-gu, around the Hanyang-dong located within the Hanyang-dong, incurred property damage equivalent to KRW 15 million, which is the value of the mortgage claim against the victim company by borrowing KRW 5 million from the said lending company in violation of the above duty and transferring the said vehicle to the collateral security by borrowing KRW 5 million from the said lending company, even though it is extremely unreasonable to recover the said vehicle by fully paying the loan as agreed upon by the lending company due to the accumulation of various debts, such as loans and local taxes, etc. due to the aggravation of the management of the company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written complaint, written agreement of installment financing, written contract for acquisition of assets by transfer, and statutes of the original register of automobile registration;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

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

1. The degree of property damage inflicted on the victim for the reason of sentencing of Article 334(1) of the Criminal Procedure Act shall be taken into account, the fact that the defendant agreed with the victim, the criminal records of the defendant, etc.