However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On October 25, 2012, the Defendant: (a) purchased DK3 car at C Logistics Center located in DK3, and (b) borrowed KRW 16,400,000 from Hyundai Capital Co., Ltd. to cover the purchase price of the car; and (c) subsequently, the Defendant registered the establishment of a right to collateral security with the mortgagee’s Hyundai Capital Co., Ltd., bond value of KRW 16,40,000 on the said car purchased by the Defendant as collateral; (d) accordingly, the Defendant’s duty to keep the said car for the purpose of collateral security was incurred until the loan is refunded.

On December 20, 2013, the Defendant, in violation of the above duties, borrowed KRW 3 million from the Defendant’s name-free bond business operator in front of the Defendant’s residence in the area E, which was located in the area E, and transferred the said car to the Defendant as security, thereby acquiring pecuniary benefits equivalent to KRW 3 million borrowed from the foregoing bond business operator, and causing damage equivalent to KRW 16.4 million to the victim’s loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the accusation, copy of the application form for the vehicle of modern Capital, certified copy of the vehicle registration ledger (A), and abstract Acts and subordinate statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a state unfavorable to the victim, where the victim arbitrarily disposes of a motor vehicle which created the right to collateral security, and even considering the remaining amount of debt, the liability for the crime is not less and the defendant did not reach an agreement with the victim.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that some of the defendant's debt out of the collateral security is deemed to have been repaid.

In addition, the age, sex, environment, and means and results of crimes of the defendant;