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Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
On December 7, 2015, the Defendant purchased EK5 car from D used car sales company located in Seoul, Nam-gu, Incheon, under the name of the Defendant, and received 14,000,000 won from the victim Ethth Capital Co., Ltd. to cover the purchase price of cars, and registered the establishment of a mortgage on the said car purchased by the Defendant as security around December 10, 201, with the mortgagee victim Co., Ltd., bond value of KRW 11,20,000,000. Thus, the duty to keep the said car until the loan is refunded.
On September 12, 2016, the Defendant borrowed KRW 3,500,000 from employees of the social loan company from Cheongju-si's office in writing at the Cheongju-si Office in violation of the above duties and transferred the said car as security. The Defendant acquired property benefits equivalent to KRW 3,500,000 borrowed from the above loan company and suffered damages equivalent to KRW 14,00,000 from the victim.
Summary of Evidence
1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;
1. Statement made by the police with regard to F;
1. The application of the accusation, notification of loss of benefit due to the installment of a motor vehicle, notification of interference with exercise of rights, application for vehicle loan, investigation report (standard contract for loan transaction), ledger of registration of a motor vehicle, investigation report (with respect to attachment, such as a document providing security for a motor vehicle), copy of borrowed certificate, copy of vehicle security, and copy of the document providing security for a motor vehicle, E-
1. Article 355 of the Criminal Act applicable to the crime and Article 355 (2) and Article 355 (1) of the Criminal Act (Selection of Penalty)
1. In light of the circumstances leading up to the instant crime for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the amount of fine prescribed in the instant summary order does not seem to be excessive in light of the background and content of the instant crime, the remaining debt to the victim, and the degree of damage to the victim, etc., the punishment as set forth in the instant summary order shall be determined as ordered