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

1. On November 22, 2017, the Defendant entered into a loan agreement with D office located in Daegu Northern-gu Section B C on the condition that the Defendant would pay KRW 87,356 per month for the terms of contract for 36 months and annual interest on KRW 14.9 with respect to the amount of KRW 26 million with respect to the employees and the vehicle price of which is not known to the victim Fembs E300.

However, the defendant did not have any intention or ability to pay the loan normally because he did not have any income due to the lack of the occupation, while the defendant did not have any economic difficulty due to the excessive disbursement of living expenses due to hospital treatment, etc.

The Defendant committed an act as if he would repay the loan normally, and deceiving the damaged company, and caused the victimized company to pay the amount of KRW 26 million in lieu of the above benz and paid the car price of KRW 26 million, thereby obtaining property benefits equivalent to the same amount.

2. On November 27, 2017, the Defendant: (a) obtained a loan of KRW 26 million from the victimized company; and (b) purchased the said Benz’s car; and (c) on November 27, 2017, established a mortgage under the name of the victimized company with the claim value of KRW 13 million on the said Benz’s car to secure the said loan obligation.

After that, on March 2018, the Defendant borrowed 6 million won from the person under whose name was introduced from G in the vicinity of the Daegu Northern bus terminal located in Daegu-gu, and transferred the said bents as security and made its location unknown, thereby hindering the Defendant’s exercise of rights by concealing the said bents in an amount equivalent to 26 million won at the market price which became the object of the rights of the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of loan agreement, detailed statement of request for installment receipt, register of automobiles, and Acts and subordinate statutes concerning car delivery impossible protocol;

1. Relevant Article 347(1) of the Criminal Act and Articles 323 and 323 of the Criminal Act concerning the crime, the choice of punishment, and the choice of punishment, respectively;