Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 3, 2010, the Defendant purchased E New Capital D at the point of Hyundai Capital C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and borrowed 9.5 million won from the victim Hyundai Capital Co., Ltd. for the purchase of automobiles. In order to secure this on or around the 6th day of the same month, the Defendant established a collateral security right of 9.5 million won in the value of the claim against the mortgagee on the said new capital vehicle as the victim, and thus, the Defendant had a duty not to reduce the collateral value by keeping the said vehicle until the loan is returned for the purpose of security.

Around June 201, the Defendant, in violation of the foregoing duties, issued a vehicle storage certificate to the effect that, in borrowing 4 million won from a bond company (hereinafter “G”) in the name of a de facto spouse of the Defendant, the Defendant borrowed 4 million won through F, a de facto spouse of the Defendant’s de facto marriage, the Defendant provided the said vehicle as security and that, “I will keep this vehicle to the obligee, but will not raise any objection to the obligee’s act at the time of the repayment of the borrowed money, I would be prevented from taking over the said vehicle by the foregoing bond company and disposing of it as a “defluent car.”

As a result, the defendant acquired a property profit equivalent to 4 million won and suffered a loss equivalent to 9.5 million won, which is the bond value, to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of the subsidiary financial agreement to be made, the notice of assignment of claims, the ledger of automobile registration, the statutes verifying the contents thereof;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.