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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2019 Highest 1602] The Defendant is a holder of freight cars of B 25 tons of car trucks.
On December 3, 2018, the Defendant, at around 17:35, 2018, had his employee E drive the above cargo vehicle without mandatory insurance.
Accordingly, the Defendant, as the owner of the above cargo vehicle, operated the cargo vehicle without mandatory insurance.
[2019 Highest 2686] The defendant is a person who actually operates (State)G, (State) H in Kimhae-si.
1. Around April 24, 2017, the Defendant: (a) purchased an I Scarman; (b) agreed to borrow KRW 150,000,000 from the J (State) and agreed to make installment payments of KRW 3,719,681 each month for 60 months; and (c) around May 17, 2017, the Defendant set up a mortgage on KRW 105,00,000 on the claim value for the said vehicle as a security for the said obligation to the victim.
Since May 2018, the Defendant was requested from the victim to return the said vehicle due to the payment of installments from around May 2018, but rejected the request. On September 2018, the Defendant concealed the said vehicle from other creditors so that the victim could not grasp the location of the said vehicle and interfere with the victim’s exercise of rights. From around that time to March 1, 2019, the Defendant concealed the total of 25 vehicles as shown in the annexed crime list 1, and interfered with the victims’ exercise of rights.
Accordingly, the defendant concealed the above vehicles owned by the defendant, which were the object of the victims' rights, so that they could not grasp their location, and interfere with the victims' exercise of rights.
2. On September 28, 2017, the Defendant in breach of trust purchased the vehicle purchase fund of 130,000,000 won (the monthly installments, 2,692,281 won, and 60-month repayment terms) from the victim J around October 18, 2017 in the name of the (main) GG office operated by the Defendant located in the Kimhae-si.