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

Punishment of the crime

On September 22, 2016, the Defendant was sentenced to ten months of imprisonment for fraud in the Busan District Court's Dong Branch Branch, and the above judgment became final and conclusive on September 30, 2016.

On September 13, 2013, the Defendant purchased KS9 car at an automobile agency located in Busan Northern-gu, Busan, and took out a loan from 73.5 million won from the victim Hyundai Capital Co., Ltd. as a condition of 60 months changed, and created a mortgage on the value of the bond amount of KRW 73.5 million to provide the EK9 car purchased by the Defendant as a security.

Nevertheless, on May 1, 2014, the Defendant paid the installment payment only until May 201, and transferred the ownership of the above vehicle to a person who was infinite, and obstructed the victim’s exercise of rights by concealing the vehicle that became the object of mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint, F’s statement, a new consultation sheet, an application form, etc., notification of transfer of claims and acceptance of consignment, and the ledger of automobile registration;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports, and statutes;

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

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: Provided, That the reason for sentencing under Article 39(1) [the scope of recommendation] of Article 39(1) does not exist in the basic area (six months to one year) [the person subject to special sentencing] [the decision of sentence] of the Defendant’s failure to pay the installment payment from June 2014, and the damage amount is considerably large; and considering the fact that the vehicle has not been recovered until now, the sentence of sentence is inevitable for the Defendant.

The punishment as ordered shall be determined by taking into consideration the favorable circumstances, such as equity in the case of being tried at the same time as the judgment has become final and conclusive, that the defendant has made a subsequent repayment by reflecting the error of the defendant.