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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On February 2012, the Defendant: (a) purchased a vehicle from the name of the Defendant’s vehicle in the name of the Nonindicted Party (a secondhand borrower); and (b) conspired to offer “work loan” to collect funds by disposing of the vehicle after purchasing the vehicle under the name of the Defendant.
The fact that the defendant and the above-mentioned persons did not have any intention or ability to pay the principal and interest of the loan even if they purchased the vehicle, because they immediately thought that they will be transferred and commercialized to others.
Nevertheless, the Defendant: (a) prepared a written agreement on installment financing in the used cars in the name of the Defendant at the store C-201, Orcheon-gu B-201 around February 14, 2012, and submitted it to the name of the said company C; and (b) was transferred KRW 20,000,000 to the bank account of the said Co., Ltd. on the same day from the victim capital Co., Ltd. on the same day.
As a result, the Defendant was given KRW 20,000,00 to the injured party under the pretext of the installment loan on the vehicle by deceiving the victim in collusion with a person who is not a person with a name but with a disability.
2. On February 14, 2012, the Defendant interfered with the exercise of rights at the store referred to in the above Paragraph 1 of the same Article, by using the money borrowed as referred to in Paragraph 1 of the same Article, and by establishing a mortgage on the said loan amount of KRW 16,00,000 on the said loan, one mortgagee, one capital stock company, and one bond value of KRW 16,000.
Nevertheless, on the same day, the defendant arbitrarily transferred the above vans which became the object of the right to collateral security at the store's stores.
Accordingly, the defendant, which was the object of the right of one victim capital company, concealed the above-mentioned car owned by the defendant, thereby hindering the victim's exercise of right.
Summary of Evidence
1. Statement by the defendant in court;
1. E: 1.1.