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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative of corporation B.
1. On April 28, 2016, the Defendant: (a) purchased Lone Star Co., Ltd. in the name of D Co., Ltd; (b) borrowed KRW 18,200,00 from D Co., Ltd. for a 36-month period; and (c) made a mortgage on the said vehicles with the claim amounting to KRW 9,100,000 by making D Co., Ltd as the debtor; and (d) the victim E acquired the claim amount of D Co., Ltd. against the Defendant on February 19, 2019.
The Defendant, by July 17, 2018, repaid only KRW 14,189,513 of the principal and interest, and did not pay the remainder of the loan. On March 18, 2019, the Defendant refused a request from a victim company for the payment of the loan and the return of the vehicle, but concealed the vehicle in a way that the vehicle did not return it for a long time without the consent of the location of the vehicle.
Accordingly, the defendant concealed the object of the right to collateral security of the victim and interfered with the exercise of the right by the victim.
2. On April 19, 2017, when the Defendant purchased F Kanche vehicle under the name of D Co., Ltd., and borrowed KRW 25,00,000 from D Co., Ltd. for a loan of KRW 25,00,00,00, the Defendant decided to repay the said vehicle by equal installment of principal and interest for 60 months, and created a mortgage with the claim value of KRW 12,50,000 on the said vehicle as the debtor, and the victim E Co., Ltd acquired the Defendant’s claim against D Co., Ltd. on February 19, 201.
The Defendant, by July 17, 2018, repaid the principal and interest of KRW 6,584,567,00, and did not pay the remainder of the loan. On March 18, 2019, the Defendant refused a request from a victim company for the payment of the loan and the return of the vehicle, but concealed the vehicle in a way of not returning the vehicle for a long time without the consent of the location of the vehicle.
Accordingly, the defendant concealed the object of the right to collateral security of the victim and interfered with the exercise of the right by the victim.
Summary of Evidence
1. The defendant's oral statement;