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Defendant shall be punished by a fine of two million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
On November 23, 2012, the Defendant agreed to pay the principal and interest of the “D”, located in Seo-gu, Daegu, for a period of 36 months from the “F” sales store, to purchase the ES7 car from F, and to pay the 16 million won of the purchase price from the Victim K Capital Co., Ltd. (the name was changed from Korea Social Co., Ltd. on March 31, 2014), and to pay the principal and interest of the loan from January 1, 2013 to 66,146 won each month (the first installment shall be 73,378 won) between the Defendant and the Defendant and the Defendant, while setting up a collateral security right of KRW 8 million in the value of the claim against the Victim KF Capital Co., Ltd. as the one of the lower parties.
As above, while Defendant 1 was operating a ES7 car, which was created a collateral security under the name of the victim Dop Capital Co., Ltd., Defendant 2 concealed KRW 7 million from a lending business entity whose name is unknown on February 2014 and transferred the car as collateral so that the location of his/her own property, which became the object of another’s right, could not be known by transferring the car as collateral, thereby interfering with the exercise of rights by the victim Dop Capital Co., Ltd.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. A complaint filed by ELC loan companies;
1. An application for the second installment plan;
1. The original register of motor vehicle registration (A, B);
1. Application of Acts and subordinate statutes to a copy of the notice of transfer of claim, copy of asset transaction contract, copy of transfer certificate, and certified copy of the corporate registry;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;