Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On September 4, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for special robbery at the Seoul Eastern District Court on September 12, 2015, and the judgment became final and conclusive on September 12, 2015. On October 16, 2015, the Seoul Central District Court sentenced one year of suspension of execution to one year of imprisonment with prison labor for a violation of the Military Service Act at the Seoul Central District Court, and the judgment became final and conclusive on October 24, 2015.

On January 8, 2013, while the Defendant purchased BMW32D car and owned it, on August 25, 2014, the Defendant borrowed KRW 20 million from the victim Rodcop Center located on the 10th floor of Mapo-gu Seoul Mapo-gu Seoul, Seoul, as collateral, and on the following day, registered the creation of a collateral security right with the mortgagee Co., Ltd., Ltd. and the bond amount of KRW 30 million on the said car owned by the Defendant as collateral. As such, the duty to keep the said car for the purpose of collateral was incurred until the loan is repaid.

Around April 2015, the Defendant, in violation of the foregoing duties, transferred the said car to C, whose personal information cannot be verified through a third party, in return for the loan amounting to KRW 10 million, thereby obtaining pecuniary benefits equivalent to KRW 10 million, and suffered pecuniary damages equivalent to KRW 20 million from the victim.

Summary of Evidence

1. A complaint;

1. Statement made to D by the police;

1. A loan agreement, a motor vehicle registration certificate, and a protocol of impossibility of delivery of motor vehicles;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of judgment, reference judgment, etc.);

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;