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

On October 19, 2007, at the Incheon Metropolitan City Office located in Bupyeong-gu 376, Bupyeong-gu, Seocheon-gu, Incheon, Incheon, the Defendant agreed to obtain a loan of KRW 20 million from the social Korea Co., Ltd., Ltd., the victim Alhysysari, when purchasing the said car under the joint name with D, the Defendant purchased the said car under the joint name with D, the Defendant, and on the same day, registered the creation of mortgage for the said car with the victim Alhysari Korea Co., Ltd., and the bond price of KRW 20 million. Thus, the duty to keep the said car for the purpose of security was incurred until the loan is repaid.

Around April 2010, the Defendant, in violation of the above duties, offered the said car as security by borrowing KRW 7 million from a bond company with no consent of the victim company without consent of the victim company, and was unable to pay interest thereafter, and the above bond company could not find out its location with the car around July 2010.

As a result, the Defendant acquired the above 7 million won pecuniary advantage from the above bond company, and suffered a loss equivalent to 20 million won of the loan to the victim.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Sentencing Criteria for sentencing under Article 62(1) of the Criminal Act: Embezzlement Misappropriation, Type 1 (less than KRW 100,000), basic area, imprisonment for four months to four months, the Defendant committed an act contrary to his duties by creating a mortgage on the instant motor vehicle, thereby bringing other creditors to it, and the trial proceedings have been considerably delayed due to his/her absence on the date of sentencing.

On the other hand, the defendant has been punished once by a fine due to a double-criminal act by mutual consent with the victim.

Other conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the background of this case, and the progress thereafter.