A defendant shall be punished by imprisonment for four months.

except that 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 September 18, 2012, the Defendant: (a) purchased ECodo vehicle from D D’s store located in Seo-gu Busan, Seo-gu, Busan on September 18, 2012; (b) concluded a installment financing contract to obtain a loan of KRW 22,50,000 from D’s Capital Capital Co., Ltd. to repay the loan over 48 months; and (c) agreed not to arbitrarily dispose of the vehicle, which is the purchased goods, without the consent of the victim until the full discharge of the monetary obligation

9.20 With respect to the above amount of claim, a mortgage was created over 1,5750,000 won on the above vehicle and the mortgagee as the victim.

Nevertheless, the Defendant sold and delivered the said vehicle to 50 men who are aware of their names in order to raise money for gambling in a casino located in Gangwon-do and at around October 2012 when the Defendant did not pay the remainder of 22,104,387 won, thereby hindering the victim from exercising his/her rights by concealing the vehicle that is the object of the victim’s mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The terms and conditions of the contract with the issuer on the part of the issuer;

1. A loan statement;

1. Application of the register of automobiles statutes

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Determination of imprisonment with prison labor due to extenuating circumstances, such as the fact that the suspended sentence of the reason for sentencing under Article 62(1) of the Criminal Act is a second offense during the suspended sentence period, and that the victim was unable to faithfully comply with the trial procedure, etc.: Provided, That the execution of the sentence shall be suspended by taking into consideration the following: (a) the amount of the unit that the victim did not receive at the time of the crime in this case; (b) the amount of the registered mortgage was KRW 2.1 million; (c) the amount of the installments paid during the trial process and the victim