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1. The defendant shall be punished by a fine of one million won;
2. If the defendant does not pay the above fine, 10,000 won.
Reasons
Punishment of the crime
On October 17, 2013, the Defendant purchased a DNA set-type car at the Defendant’s house located in Seo-gu Daejeon, Daejeon, and borrowed KRW 34 million from one victim capital (ju) in its name, and around that time, set up a mortgage on the claim value for the said car at KRW 17 million and the mortgagee as the mortgagee. The Defendant decided to set the loan amount at KRW 830,030 each month for 48 months.
According to the above mortgage contract, the Defendant created a duty to manage and keep the said car for the victim company until full repayment of the loan to the victim company.
Nevertheless, the Defendant delayed payment from April 2014, and the victim applied for voluntary auction of the said car on August 14, 2014 in order to recover the loan balance, interest, etc., and decided on August 18, 2014 by the Daejeon District Court, and decided on August 18, 2014, in order to prevent delivery of the said car, the victim from discovering the location of the said car, and the victim was not informed of the location of the said car and the execution of the mortgage by the victim was impossible.
As such, the Defendant acquired the pecuniary benefits equivalent to KRW 17 million in the bond value established in the said car and suffered the same damages to the victim.
Summary of Evidence
1. Protocol of examination of witnesses other than the date for E;
1. Investigation report (report on the contents of the suspect's husband's currency);
1. Details of collection activities and the original register of motor vehicle registration (D);
1. Application of Acts and subordinate statutes to a complaint, written agreement of installment financing, ledger of automobile registration, protocol of impossibility of delivery of a motor vehicle, voluntary auction by decided F motor vehicle, certification of contents, and notification scheduled to proceed with legal procedures;
1. Article 355(2) and (1) of the Criminal Act concerning facts constituting an offense, Articles 355(2) and (1) of the Criminal Act of the choice of a fine (a debtor furnishing and possessing a motor vehicle as security) is unreasonable;