However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

On April 18, 2012, the Defendant borrowed KRW 115,00,00 from the Victim Capital Co., Ltd. at interest rate of KRW 17.9% per annum, monthly due date for payment, 48 months, monthly due date for payment, and KRW 3,372,110 on April 23, 2012. On April 23, 2012, the Defendant registered the establishment of mortgage at KRW 115,000,00 for the amount of KRW 25,000,000 for the instant vehicle owned by Sam Young Transportation Co., Ltd. (hereinafter “instant vehicle”). On the instant vehicle, the Defendant had the duty to keep the instant vehicle for security purposes by the time when the mortgage was returned.

Nevertheless, on March 2014, the Defendant acquired property benefits equivalent to KRW 92,059,180 of the remaining principal and interest and sustained KRW 115,00,000 from the victim by transferring the instant vehicle to D on the condition of paying the principal and interest to the victim, other than his/her name and personal information, in an irregular area not exceeding Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the written complaint (including attached documents);

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Type 1 (4) (4 months to 100 million won) of the basic area (4 months to 1 year and 4 months) of the Act on the Suspension of Execution [Judgment of Sentence] [Judgment of sentence] the history of criminal punishment for several years of imprisonment with prison labor for six months, and two years of suspended sentence for six months, and the damage suffered by the victim is not a significant amount of damage caused by the instant crime, however, the sentence shall be determined as per the Disposition in consideration of the circumstances in which the