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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 31, 2015, the Defendant purchased Benz GLK 220 vehicles in the name of the Defendant’s wife C and the Defendant’s joint ownership at the office of the non-NN Capital Co., Ltd. located in the 48 U.S. C., and received a loan of KRW 48,00,000 from the victim non-NN Capital Co., Ltd. on April 10, 2015, and registered the establishment of a collateral security right for the said car purchased by the Defendant as collateral of KRW 33,60,000 on the said car purchased by the Defendant as collateral. As such, the duty to keep the said car for the purpose of collateral was incurred until the repayment of the loan.
Nevertheless, on May 2016, the Defendant borrowed KRW 5,00,000 in cash from a person whose name is not known at the center of “E” located in Gu-U.S., Si-si, and transferred the said car as security.
As a result, the Defendant acquired pecuniary benefits equivalent to KRW 5,00,000, and incurred damages equivalent to KRW 39,009,960 in the balance of the loan to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes of installment financing and debate application, motor vehicle registration certificate, ledger of motor vehicle registration, transaction contract, delivery order of motor vehicle, and table of loan examination, such as inquiries into an impossible delivery of motor vehicle, credit integration;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;
1. The sentencing of Article 62(1) of the Criminal Act reflects the reason for sentencing under Article 62(1) of the suspended sentence, the defendant's delivery of the above car to the victim that the injured person does not want the punishment of the defendant, and other circumstances such as the defendant's age, sex, environment, etc. shall be determined as the same as the disposition.