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The defendant's judgment [2018 Highest 955] shall be punished by imprisonment with prison labor for one year, and [2018 Highest 1008 Highest 201] for each crime.
Reasons
Punishment of the crime
[criminal record] On December 24, 2015, the Defendant was sentenced to a suspension of the execution of six months by imprisonment with prison labor at the Busan District Court, and the above judgment became final and conclusive on January 1, 2016.
[2018 Highest 955]
1. On August 8, 2012, the Defendant in breach of trust: (a) purchased cargo vehicles of KRW 90 million from the victim Korean Capital Co., Ltd., Ltd. in the name of a private person who is present at the seat of the 24 tons of the cargo vehicles in Busan-dong, Busan-dong; (b) obtained a loan from the victim Korean Capital Co., Ltd., Ltd.; and (c) registered a mortgage creation for the said cargo vehicle as security at the same date; and (d) accordingly, the duty to keep the said cargo vehicle until the loan is returned to the mortgagee, was incurred.
Nevertheless, on October 2013, the Defendant, in violation of the above duties, sold the above cargo vehicle with three million won from a person who was in a nameless injury, in the vicinity of the office of the achieved Gun Office in Daegu, and thereby, in violation of the above duties, the Defendant acquired approximately KRW 728 million in the balance of the loan and suffered damage equivalent to the same amount as the victim.
2. On October 19, 2012, the Defendant: (a) purchased a car in Yangsan-si, BMW 530i, and (b) registered the establishment of a mortgage for the said car as collateral at the time of the said mortgage amounting to KRW 11 million with the mortgagee Hyundai Capital Co., Ltd.; (c) but (d) on October 2013, the Defendant sold the said car to the names of the needy parties, who did not pay approximately KRW 9.7 million with the principal of the loan but did not repay the loan amount to KRW 3 million.
Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.
[208] The Defendant’s 1008 order / around November 29, 2016, at the public service center of the Southern Police Station, which was located in the name of 124 in the Dong-ro, Dong-ro, Dong-dong on November 29, 2016, and on October 2013.