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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 1, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in support of Sung-nam, which was established on October 17, 2016.
1. On October 1, 2013, the Defendant: (a) purchased one vehicle for the victim Hyundai Capital Co., Ltd. in Songpa-gu Seoul Metropolitan Government agency; (b) agreed to provide a loan from the victim of KRW 25,30,034 each month between 36 months and 780,034; and (c) set up a mortgage on the said vehicle with the victim’s right as the person with the lower right, the Defendant as the obligor, and the bond value as 25,30,000 won.
Nevertheless, until July 2014, the Defendant borrowed 7 million won to the name-free bond business operator located in Dongdaemun-gu Seoul Metropolitan Government Dongdaemun-gu around June 2015 with payment of 10 installments and overdue payment of the remainder, and as above, concealed the said vehicle that became the object of the mortgage to the name-free bond business operator, thereby hindering the victim from exercising his/her rights by concealing the said vehicle’s location to be transferred to the name-free bond business operator.
2. On February 5, 2014, the Defendant: (a) purchased DPoter II vehicles from an agent of the victim Hyundai Capital Co., Ltd., Ltd. in the Republic of Korea of the Nam-do, Nam-do; (b) agreed to provide a loan of KRW 15,200,000 to KRW 461,725 won each month between 36 months and 36 months; and (c) set up a mortgage on the said vehicles with the amount of the said vehicle as the victim’s right holder, the Defendant as the obligor, and the amount of the bond as KRW 15,20,000.
Nevertheless, by October 2014, the Defendant borrowed 3.5 million won to the name-free bond business operator located in Dongdaemun-gu Seoul Metropolitan Government on June 2015 without paying the remaining installments by paying nine installments until October 2014, and as such, the Defendant concealed the said vehicle, which became the object of the mortgage, to the name-free bond business operator in the Dongdaemun-gu Seoul Metropolitan Government, and thereby, obstructed the victim’s exercise of rights by concealing the said vehicle’s location to be known.
3. On May 28, 2014, the Defendant’s modern capital in Dongdaemun-gu Seoul, Dongdaemun-gu.