A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2013. 2. 8.경 부산시 수영구 광안1동 117-3번지에 있는 르노삼성자동차 남부산영업소에서 QM5 승용차를 매수하면서 자동차 구입대금을 충당하기 위하여 피해자 하나캐피탈 주식회사로부터 신차 구입 대금 30,000,000원을 대출받고 2013. 3. 21.부터 공소장에는 “2013. 6. 21.부터”로 기재되어 있으나, 상환스케쥴(대출금)(수사기록 제14쪽)의 기재 등에 의하면, “2013. 3. 21.부터”임이 명백하다.

By February 21, 2018, an amount equivalent to KRW 606,850 shall be paid monthly installments by 60 months, and the registration of the said car was made under the name of the defendant, but the damaged company entered into an automobile installment agreement on the condition that the damaged company will set up a mortgage on the said car.

Around February 15, 2013, the Defendant received the said car according to the foregoing agreement, and around February 15, 2013, established a mortgage on the said car with the claim value of KRW 30,000,000, and the damaged company as the mortgagee. As such, the Defendant had the duty to keep the said car for the purpose of security until the loan is repaid.

Nevertheless, around May 2013, the Defendant violated the above duties and transferred the said car under the pretext of the repayment of KRW 20,000,000 to the obligee’s name “B” at an office in the office in the Sosan-dong, Busan Metropolitan City.

As a result, the Defendant acquired financial benefits equivalent to KRW 20,000,000, and suffered financial damages equivalent to KRW 30,000,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 오토할부(론)취급품의서, 상환스케쥴(대출금), 자동차 할부금융(론) 약정서, 개인신용보고서, 판매조건품의서, 자동차등록원부, 채권잔액조회, 송달/확정증명원, 판결문

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355(2) and Article 355(1) of the Criminal Act concerning the crime and the reasons for sentencing.