Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On August 1, 2012, the Defendant paid the amount of KRW 447,350,00 in monthly installments for 60 months from August 2012 to July 2017 between the Defendant and the Victim Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) and the Defendant entered into an agreement on the part of the Plaintiff on the condition that the damaged Co., Ltd. set up a mortgage on the said car.

The Defendant received the said car according to the agreement and set up a mortgage on August 21, 2012 with the damaged company as a mortgagee on the said car. Accordingly, the Defendant’s duty to manage the said car normally during the period of operating the said car and not to unfairly impair the value of the mortgage.

Nevertheless, on October 2012, the Defendant violated the above duties and received a loan of KRW 7.5 million from a company under the name-free loan on the street near the home flus in Ulsan-gu, Ulsan-gu. On November 5, 2012, the Defendant failed to pay interest on the above loan on November 23, 2012, thereby making it impossible for the Defendant to exercise the mortgage of the damaged company due to the unknown whereabouts of the said car.

Accordingly, the defendant acquired property benefits equivalent to 17 million won at the above car market price and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the defendant;

1. Statement to C by the police;

1. C’s statement;

1. Written complaint of a capital stock company;

1. A written application for the flusium and a written agreement on the flusium with the flusium and the flusium;

1. Application of trade-related Acts and subordinate statutes;

1. Article 355(2) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;