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

On October 25, 2011, the Defendant purchased an ASEAN car in the name of F with an amount equivalent to KRW 93,200,000 at the market price of KRW 93.2 million at the D office located in Gangnam-gu Seoul, Seoul, under the name of F, the Defendant borrowed KRW 83,80,000 from the victim I corporation located in the 9th floor located in the H branch located in Busan, Busan, and appropriated it to the purchase price for the said car. On October 26, 2011, the Defendant registered the establishment of a right to collateral security for the said car purchased by the Defendant as collateral with the mortgagee I corporation and bond value of KRW 83,80,00,000,000 for the said car as collateral. As such, the Defendant had a duty to keep

On February 1, 2012, the Defendant, in violation of the foregoing duties, borrowed KRW 30 million from a person whose identity cannot be known at the site of the land due to the fact that he/she was unable to grasp the location of the said vehicle as security by transferring the possession of the said vehicle to him/her, thereby making it impossible for the Defendant to exercise the mortgage on the victim.

Accordingly, the Defendant acquired the pecuniary benefits of KRW 30 million borrowed from a person whose identity is not known, and caused a loss equivalent to KRW 83.8 million to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness J;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement to K;

1. A complaint;

1. Application of Acts and subordinate statutes, such as certified transcript of register;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The mortgage was established on the instant automobile asserted by the Defendant. In this case, the automobile exchange value is included in the mortgage, and even if the mortgager disposes of the instant automobile and the owner is different, the mortgage does not affect the mortgage, and thus, the crime of breach of trust is not established.

2. A mortgage shall be established on the judgment motor vehicle.