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

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

Punishment of the crime

On July 27, 2012, the Defendant: (a) purchased DNA 5 car at the office in Seo-gu, Daejeon, Daejeon; and (b) received a loan (36 months of loan repayment, 27.9% per annum of loan interest rate) from the Hyundai Capital of the injured party; (c) granted the said SM5 car a right to collateral security with a claim amounting to KRW 14 million; (d) around February 18, 2013, the Defendant established a right to collateral security with a victim of the said SM5 car; and (e) purchased EIS car at the office in the office of a public-private partnership located in the relevant Jung-gu, Daejeon, Seo-gu, Daejeon; and (e) granted a loan of KRW 10 million from the injured party company (36 months of loan repayment period, and 26.4% per annum of loan interest rate); and (e) granted a loan from the victim company with a collateral security interest rate of KRW 10 million to the said SM5 car as the victim.

In this regard, the Defendant offered and delivered each of the above automobiles as security by borrowing KRW 5 million from a sub-loan operator in the French area on October 2013, when the above loans have not been repaid in full.

Accordingly, the defendant concealed two passenger cars owned by the defendant, which are the object of the victim company's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Original register of each motor vehicle registration;

1. Application of Acts and subordinate statutes on repayment of loans;

1. Article 323 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant provided the instant vehicle, for which the right of the victim company was established, as security to the lending company, thereby incurring losses not only to recover the loans through the said vehicle, but also to the extent that the said vehicle is used as a medium that can be used as a so-called crime.

However, the defendant provided each of the above vehicles as security from the beginning to the victim company for financing.