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

1. Around November 16, 2011, when purchasing CF vehicles, the Defendant filed an application for a security loan on the terms and conditions that set up a mortgage equivalent to the loan amounting to KRW 25 million, annual interest rate of 27%, the loan period of 36 months, the equal repayment of principal and interest, and the said vehicle.

However, in fact, the Defendant had already agreed to deliver the said vehicle on the condition that he would receive seven million won or more in the name of the Defendant, and there was no intention to normally manage and store the said vehicle for the victim.

As above, the Defendant, by deceiving the victim as above, had the victim pay 25 million won of the purchase price of the vehicle with the above loan on the same day, thereby acquiring property profits equivalent to the same amount.

2. Around November 17, 2011, the Defendant: (a) handed over the vehicle owned by the Defendant, which was the object of the mortgage of the Victim Capital Co., Ltd., to the seller of the said vehicle at an influorial location (hereinafter referred to as the “Influorial Zone”); and (b) obstructed the victim’s exercise of the right by concealing the vehicle owned by the Defendant, which was the object of the mortgage

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An installment financing agreement;

1. Application of the register of automobiles statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 323 of the Criminal Act, the choice of imprisonment with labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, the defendant obtained a loan in 36-month installments, and paid 17,450,670 won in 24 installments among them, the defendant had a record of having been sentenced to a fine of 1,00,000 won in 201, and 50,000 won in 205, but there was no criminal record for more than a fine since 2005.