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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around June 16, 2015, the Defendant entered into a loan agreement with the victim Non-Nour Capital Co., Ltd. and 7.7% interest rate for 36 months from July 20, 2015 on the condition that the principal and interest shall be repaid at the rate of 20% per month from July 20, 2015.
However, even if the Defendant purchased a vehicle with a loan from the victim, the Defendant had decided to operate the vehicle, not by the Defendant, but by the Defendant, and it was difficult to operate the restaurant at the time, so the Defendant did not have the intention or ability to pay the loan normally.
As such, the Defendant, by deceiving the victim, obtained a loan of KRW 45 million from the victim, namely, the vehicle price of KRW 45.5 million from the victim.
2. Around March 13, 2015, the Defendant entered into a loan agreement with the victim K Savings Bank and 18.9% interest rate for 18.9% from March 13, 2015 to 48 months, under the condition that the principal and interest shall be repaid equally on the fifth day of each month at the rate of 18.9% from March 13, 2015, and around March 16, 2015, the Defendant set up a mortgage on the K 7 vehicles as the mortgagee and the debtor as the Defendant.
On June 8, 2015, the Defendant notified the victim of the delay in the payment of principal and interest for at least 30 days after the payment of principal and interest, that he/she would repay the principal and interest in full from the victim until August 7, 2015 or return K7 vehicles to exercise mortgage.
Nevertheless, on May 20, 2015, the Defendant: (a) borrowed KRW 13,00,000 from pro-Japanese H from May 20, 2015; (b) established a mortgage on K7 vehicles; and (c) made it considerably difficult to discover the location thereof by transferring K7 vehicles to H by failing to pay KRW 13,00,000 to H around June 2015.
Accordingly, the defendant is the subject of the victim's rights.