Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 25, 2017, the Defendant: (a) purchased B Carp Vehicles from the Defendant Company Co., Ltd. on the condition that KRW 32,000,000 of the purchase price of the vehicle be paid for 48 months each month from the victim C Co., Ltd.; and (b) on August 8, 2017, the Defendant created a collateral security right under the victim’s name with the maximum amount of the claim for the said Car at KRW 16,00,000 on August 8, 2017.

On July 30, 2018, the Defendant borrowed KRW 8,000,00 from D to a bond broker in the vicinity of the Busan Young-gu Automobile Trading Complex on July 30, 2018 when the Defendant had not paid the repayment to the victim from around July 2018, the Defendant did not notify the victim, and did not recover the said passenger car as a collateral for the Defendant’s obligation to D, and the victim could not check the location of the said passenger car.

Accordingly, the defendant, who was the object of another person's right, concealed his share of the defendant and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the contract for the establishment of automobile mortgage, and the certified copy (A) copy or abstract of the automobile registration ledger to the E statement;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On July 25, 2017, the Defendant: (a) purchased B Kanche vehicle from the vehicle trading company located in the south of Suwon-si, Suwon-si; (b) obtained a loan from the victim C Co., Ltd. to cover KRW 32 million (the terms of redemption for each month, KRW 921,706, and KRW 48 months); and (c) secured the collateral, set up a mortgage on the claim value of KRW 16 million with the mortgagee on the said vehicle.

Accordingly, the Defendant shall keep the above loans in such a way that the value of the above vehicle is not lost until the full repayment is made to the victim.