A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

The Defendant is the representative of Seoan-gu, Seoan-si, Northern-si, B and C (State) D from September 22, 2004 to December 31, 2014, who has been engaged in passenger transport services.

On November 12, 2013, the Defendant borrowed KRW 60 million from the victim E on the condition of paying interest of KRW 5 years and KRW 1.2 million each month from the victim E, and set up a second-order mortgage on December 31, 2013 on the F bus equivalent to KRW 200 million in the market price in the name of the State (State) owner of D.

[B] On October 22, 2013, G (State) set up a first priority mortgage of KRW 140,000,000 in the credit value]. On April 2014, the Defendant proposed that the Defendant would sell the above bus in order to avoid financial difficulties due to the aggravation of management status in (State)D, and that “The Defendant would cancel the establishment of a second priority mortgage on F vehicle and would prejudice H vehicle under the same conditions.”

However, although H bus is registered in the name of H bus owner (State), the defendant cannot exercise ownership with the vehicle used for delivery upon entering into a lease contract with G (State) around January 29, 2014 with five years and monthly lease fees of KRW 2,268,300, and the amount equivalent to KRW 180,3520,000 at the market price of February 6, 2014 is subject to the first mortgage of KRW 18322,00,000 at the claim price of February 6, 2014. Therefore, even if the victim created a second-order mortgage with the claim price of KRW 60,000,000, the above loan price of KRW 60,000 cannot be guaranteed, and there was no intention or ability to borrow money to pay to the victim for the debt amount of KRW 1,300,000,000.

On April 25, 2014, the Defendant, by deceiving the victim as above, set up a second-order mortgage on the claim amounting to KRW 60 million on H bus on the H bus on April 25, 2014, and instead, by causing the victim to cancel the registration by cancelling the establishment of second-order mortgage on the F bus on the same day, thereby making the victim cancel the registration.