Text
Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
From around 2010, the Defendant was engaged in transactions in which the Defendant was supplied with the imported scrap machine from D Co., Ltd. with respect to the “C” operated by the Defendant from around 2010. On May 21, 2012, the Defendant was urged to pay KRW 5,020,000 of the accumulated outstanding amount debt when closing the above company. On May 24, 2012, the Defendant was provided with a demand to pay the outstanding amount to F at the victim’s office located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.
6. A request for extension until 30.0. If the payment is not made until that time, G-dozers shall transfer their G-dozers and their wife's joint ownership, and if the certificate of personal seal impression needed for the transfer of name shall also be issued.
‘A certificate of vehicle transfer is prepared and issued by the person himself/herself and his/her wife with a certificate of his/her personal seal to pay the outstanding amount.
6. The term was extended to 30.
However, there was no intention or ability to repay the said vehicle within the agreed period or transfer the ownership of the said vehicle, even if the consent was obtained from the wife as the joint owner of the said vehicle to provide the said vehicle as security, and even if the consent was obtained from the victim due to the lack of consent from the wife as the joint owner of the said vehicle, it did not have any intention or ability to transfer the ownership of the said vehicle.
As above, the Defendant, by deceiving the victim and extending the repayment period for the outstanding amount, acquired pecuniary benefits equivalent to the accrued interest.
Summary of Evidence
1. Defendant's legal statement;
1. F statement of the suspect interrogation protocol of the accused by the prosecution;
1. Application of Acts and subordinate statutes of a certificate of vehicle transfer;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is unable to repay his/her obligation to the defendant up to now, but the defendant obtained by the deception of this case.