A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On March 13, 2013, the Defendant purchased one of the CNAS car in the name of mershion at the Hyundai Motor Transport Agency, Inc., Ltd., which was located in Suwon-si, which was located in 1822-39, and applied for a vehicle installment loan of KRW 48,60,000 to the victim Hyundai Capital Co., Ltd. through its staff in charge, and approved the purchase price of the said vehicle. On the same day, the Defendant established a right to collateral security with the victim as the obligee for the 48,60,000 won of the above vehicle installment loan of KRW 48,60,000 on the same day, the duty to keep the said vehicle until the repayment of the loan was made.

By June 21, 2013, the Defendant violated the above duties while repaying only KRW 3,264,687 out of the installment loans of the said vehicle, and received KRW 50,000,00 from a lender on his name-free land in Gangnam-gu Seoul at the end of June 2013 and transferred the said loan to the said borrower as security.

As a result, the Defendant acquired property benefits equivalent to KRW 50,000,000 borrowed from the above person who was unaware of the name, and incurred damages equivalent to KRW 45,335,313 of the remaining loans to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the consultation sheet, information both inside and outside of examination, application form for automobile installment, business registration certificate and certificate of personal seal impression, register of corporate register, and register of automobiles Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 355 (2) and (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment, and the reasons therefor;

1. Application of the sentencing criteria [Determination of the type of crime] There is no person below KRW 100 million [Special Convicted Persons] (Determination of the recommended area and scope of the recommended punishment] basic area: April to April of imprisonment;

2. The defendant who was sentenced to punishment of this case is against the confession of the crime of this case, there is no particular history of the crime, but there is no significant amount of damage, and the circumstances leading to the crime are not good.