Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 17, 2012, the Defendant purchased a cubus car with the market price of KRW 7,7280,000 in the name of the Defendant and completed the establishment registration of mortgage equivalent to KRW 51 million for the said cubus car as security for the said loan on the same day at the “Scubic car port” located in 2, 376-20, Daegu Northern-gu, Daegu-gu, 2012, the Defendant borrowed KRW 7,250,000 from the victim Hyundai Capital Co., Ltd., Ltd., and completed the establishment of mortgage equivalent to KRW 51,00,000 for the said cubus car.
Nevertheless, on September 2012, the Defendant borrowed KRW 20 million from a person whose name cannot be known in front of the building Daegu Dong-gu, Daegu-gu, and transferred the said vehicle as security, thereby allowing the victim company to not grasp the location of the said vehicle.
In this respect, the defendant concealed his own car, which is the object of the mortgage of the victim company, and obstructed the exercise of the rights of the victim company.
Summary of Evidence
1. Statement of the suspect interrogation protocol of the accused by the prosecution;
1. Statement made by the police on D;
1. Application of Acts and subordinate statutes to the written complaint;
1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;