1. The sentence against the accused shall be 3,000,000 won;

2. The defendant does not pay the above fine.

Punishment of the crime

On May 20, 2014, the Defendant entered into a loan agreement with the victim D Co., Ltd. on KRW 48 months, monthly installments of KRW 352,348,000 for the use of used cars as the fund for the purchase of used cars in order to purchase one motor vehicle of the OP which is the object in Gwangju city B prior to Gwangju city on May 20, 201, the Defendant started to operate the above OP motor vehicle after setting up a mortgage on the lender and the owner as the mortgagee of the victim D Co., Ltd. on May 21, 2014, and setting up a mortgage on the claim amounting to KRW 5.65 million to the victim company.

Since the defendant provided the above automobile as security to the victim and set up a mortgage, there was a duty to keep the automobile so that the victim can collect the claim through the exercise of mortgage if the defendant could not pay the agreed installment.

Nevertheless, the Defendant violated his duties and started to pay installment after June 20, 2015, and the process of voluntary auction for the said car started, and the Defendant did not identify the location of the said car by transferring the vehicle to F without compensation at a place in the fire on November 2016.

Accordingly, the defendant acquired financial benefits equivalent to KRW 5,650,00,000, and suffered the same amount as the victim.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. A criminal investigation report (suspect E phone statement) / Although the defense counsel and the defendant's charges are denied, the facts charged can be acknowledged according to the above evidence, and the defense counsel and the defendant's assertion are not accepted.

Application of Statutes

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;