A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On December 29, 2010, the Defendant borrowed KRW 34,00,000 from the victim company as a fund for the purchase of a vehicle in the name of the wife at the victim's social corporation office 110-1 office of the Gangseo-gu Seoul Metropolitan Government Gayang-dong 110-1 Gaotogalian, and registered the establishment of a collective security right with the mortgagee's 34,000,000 won on the same day, on the said vehicle purchased by the Defendant as security, in order to cover the purchase price of the vehicle in the name of the wife, at the social corporation office of the victim's Republic of Korea, the Defendant had a duty to keep the said vehicle for the purpose of security until the loan is repaid.

Nevertheless, the Defendant violated the above duties in 201, and borrowed KRW 15,00,000 from the person who was unaware of his name on the street in Gangseo-gu Seoul Metropolitan Government, and thereby making it impossible for the Defendant to exercise the right to make a drilling on the car of the victim company by transferring the said car as security.

Accordingly, the Defendant acquired property gains equivalent to 15,000,000 won borrowed from the above person who was unaware of his name, and suffered damages equivalent to 34,000,000 won of the loan to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of D;

1. Application of the Acts and subordinate statutes concerning the medium and high-class installment financing agreement, copy of passbook, register of automobiles, and maximum delivery of mortgaged vehicles;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Act [the scope of recommending punishment] Type 1 (100 million won) (4-1 year and 4 months) of the basic area (4-1 year and 4 months) (the decision of sentence] (the decision of sentence] Defendant purchased a vehicle under his own name and provided it as security to the victim, and then arbitrarily delivers it to the person without knowledge of his personal information