Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On December 17, 2012, the Defendant purchased Pod-fluor D vehicles at a location in Seo-gu, Daejeon, Seo-gu, Daejeon, with a loan of KRW 49 million from SP Capital Co., Ltd., and established a mortgage on the said vehicle.

However, the Defendant delayed the payment of the vehicle installments, and lost the benefit of time on October 31, 2013, and on January 3, 2018, the Defendant notified the victim company E, a company that acquired the above loan credit, of the acquisition of the above asset around February 12, 2018, and demanded the return of the above vehicle, but the Defendant requested the return of the vehicle due to the unknown whereabouts at that time.

Accordingly, the defendant interfered with the exercise of rights against the above vehicle which was the object of the victim company's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The installment financing and misleading agreement to be entered into;

1. A motor vehicle trade contract;

1. Automobile registration certificate;

1. A notice of overdue loss;

1. Order to deliver a motor vehicle before applying for auction;

1. A contract for acquisition of assets;

1. Notice of transfer of claims;

1. Original register of each motor vehicle registration;

2. Investigation Report (in relation to the complainant’s agent F and currency - With respect to the non-Esp Capital Company that transfers claims to the complainant’s company, legal application shall apply.)

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria [the scope of recommended punishment] Class 1 (Interference with Exercise of Rights) area (one month to eight months) [the person subject to special mitigation] the penalty not for the person subject to punishment (including the person subject to serious efforts to recover damage);

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

In order to secure the loan 49 million won, it is difficult to find a vehicle with a mortgage.