A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 26, 2014, the Defendant obtained a loan of KRW 17,200,000 through C, which is an employee of the victim non-Nc Capital Co., Ltd., from the Defendant’s residence located in Daegu Northern-gu, Daegu-gu, Seoul-gu, and provided the Defendant’s automobile as security, and on the same day, set up a collateral security right with respect to the said car as a mortgagee’s claim value of KRW 17,200,000, and a mortgagee’s non-Nenc Capital Co., Ltd. (former trade name: non-Ssc Capital) on the same day.

The defendant shall repay KRW 551,62 per month for 48 months in accordance with the above agreement, and when the defendant does not repay the loans and interest, he/she has a duty to take custody of the debtor without disposing of it unfairly or destroying or damaging it, or reducing the value of the security so that the victim and the mortgagee may achieve the purpose of the security in accordance with the agreement on loss of time when the defendant does not pay the loans and interest.

On May 19, 2016, the Defendant borrowed KRW 10,000,00 from F in the vicinity of the Defendant’s residence located in Daegu Seo-gu, Daegu-gu, and delivered the said vehicle as security, thereby preventing the victim from withdrawing the said vehicle.

As a result, the Defendant acquired property benefits equivalent to KRW 17,200,000 equivalent to the above bond value, and suffered damages equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A supplementary statement of G;

1. BS Oral written agreement, automobile registration ledger, credit standing report, deposit list, notice of each time limit loss of interests, prior notice of legal measures, receipt certificate, and verification source;

1. Investigation report (F telephone investigation), vehicle photographs, certificates of seal imprint, and the application of Acts and subordinate statutes borrowing certificates;

1. Article 355 (2) and (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. All of the reasons for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant recognized and reflecteds his mistake, the amount of damage is relatively minor, and the primary offender.