A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 12, 2014, the Defendant borrowed KRW 20 million to the victim Company B to purchase and operate a car in the name of the Defendant at the Non-Motor Vehicle Trading Center located in Daegu-gu, Daegu-gu.

However, as above, even if the Defendant received a loan from the victim and purchased a passenger car, the Defendant merely attempted to provide the said passenger car as a collateral for a separate loan to the person under whose name the car was named, and thus did not have any intent or ability to repay the loan to the victim because it was in excess of the obligation at the time.

Nevertheless, as above, the Defendant, by deceiving the victim, had the victim transfer the amount of KRW 20 million to the said non-motor vehicle trading center account, thereby acquiring property profits equivalent to that amount.

2. On November 12, 2014, the Defendant took out a loan of KRW 20 million from the victim to purchase a CK7 car at a place specified in paragraph (1) of the same Article. On the same day, the Defendant established a mortgage on the said car with the victim as a mortgagee on the said debt amounting to KRW 20 million. However, on November 201, in order to obtain a loan of KRW 100,000 from a non-resident in the mutual unclaimed telecom in Daegu, 2014, the Defendant was unable to identify the location of the said car by transferring it to the non-resident.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Written statements of D;

1. Application of the application for installment loan (related documents), the register of automobiles (A), the Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 323 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;