A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On August 14, 2014, the Defendant received a loan of KRW 84 million from the Hyundai Sacks Co., Ltd., and purchased treatment 14 tons of a large-scale car in the name of re-concepting transportation, and around September 1, 2014, the Defendant created a right to collateral security with respect to the foregoing vehicle with the amount of KRW 58,80,000,000,000, in the name of the mortgagee-based private lender, around September 1, 2014.

The defendant paid 2,249,343 won monthly in accordance with the above agreement for 48 months, and when the defendant of the person liable to pay the debt did not pay the installments, he/she had duties to dispose of it unfairly or destroy, damage, or otherwise reduce the value of the collateral so that the victim and the person responsible to pay the debt can achieve the purpose of the collateral in accordance with the agreement on loss of profits within a given period.

On November 2014, the defendant violated the above duties and transferred the vehicle to the injured party in the name-free parking lot located in the king-dong, Chungcheongnam-dong, Chungcheongnam-do, Gyeonggi-do, to prevent the injured party from withdrawing the vehicle.

In this respect, the defendant acquired property benefits equivalent to KRW 58.8 million and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes verifying the details of the complaint, petition for examination, list of goods, application for registration of motor vehicles, ledger of motor vehicle registration, investigation report (verification of the error), and report;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (which acknowledges and reflects the error).

There is no criminal punishment.

As the business has deteriorated while purchasing and operating a truck without any preparation for the operation of the vehicle and the change of the ownership type of the vehicle, it seems that the business has led to the instant crime.

1. The community service order under Article 62-2 of the Criminal Act;