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1. Defendant shall be punished by a fine of KRW 3,000,000;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 6, 2012, the Defendant: (a) decided to purchase D’s high-speed and high-speed cars from “C”, a seller of used cars in Seo-gu B B B 103, Seo-gu, Daejeon; (b) applied for a loan of KRW 7 million to Aju Capital Co., Ltd., the injured party.
The terms and conditions of loans decided to pay the above loans in installments from August 14, 2012 to 281,600 won each month for the period from August 14, 2012, and to create a mortgage on the above-mentioned low-priced vehicles as collateral for the above-mentioned loans and interest thereon.
Therefore, the Defendant borrowed the funds from the victim company to purchase the said vehicle from the above “C” on July 7, 2012, and received the said vehicle from the above “C”, and then transferred the said vehicle. On the 9th day of the same month, the Defendant registered the transfer of ownership in the name of the Defendant with respect to the said vehicle, and registered the creation of mortgage for the victim company with the value of the mortgagee and bond amounting to 4.9 million won.
The Defendant, as seen above, set a mortgage on the said car and set up a key to the car to E, who previously lent KRW 3 million to the Defendant, was offered as security for the said debt.
Accordingly, the defendant concealed the passenger car, which is the object of the victim's right, so as to prevent the victim from confirming the location of the passenger car, which is the object of the victim's right.
Summary of Evidence
1. Partial statement of the defendant;
1. E prosecutorial statement;
1. A complaint;
1. A written application for the redemption of a bank;
1. A written agreement with the issuer of the securities investment trust;
1. Original automobile register;
1. Application of Acts and subordinate statutes on car delivery records;
1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) [the scope of applicable sentences] 7 million won or less is to make every effort to recover damage.