A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

around February 2010, the Defendant borrowed KRW 10 million from the victim B, and offered C QM5 automobiles owned by the Defendant as security.

On March 2, 2010, the defendant stated that the victim has set a cell phone within the passenger car, and that the defendant identified the location of the car by taking the cell phone back along with the victim on the door of Pyeongtaek-si Do in which the car was in question.

At around 01:30 of that day, the defendant was driving his car using a auxiliary key kept by the defendant.

Accordingly, the defendant took the object of the victim's possession or right.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. Application of the police protocol of statement B to the Acts and subordinate statutes

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake, etc.);

1. Of the charges of this case’s acquittal portion of Article 62-2(1) of the Social Service Order Criminal Act, the fact that the Defendant borrowed money from the victim on or around February 2010, offered a C QM5 car owned by the Defendant as security, placed a cell phone in the relevant car, thereby identifying the location of the car under the pretext of finding the cell phone in the future, and would bring it back again to the victim, and that the Defendant took the object of the victim’s possession or right, such as the written judgment.

According to the records of this case, the defendant provided a passenger car as security to the victim as stated in the facts charged, and the defendant should take the vehicle by using documents to E or by paying the remainder of E after receiving contact that the person under the influence of alcohol was towing the above vehicle after the defendant provided a passenger car as security. The defendant needs to take the telephone and documents in the vehicle after the third and fourth days.