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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.
Reasons
Punishment of the crime
On April 26, 2012, the Defendant purchased one motor vehicle B QM5 from the Sung-dong 1248 and the Mano TM5 stop store in the name of wife C, and entered into a motor vehicle installment financing contract with the victim Alhovahovah Korea Development Bank Co., Ltd. and the installment period of KRW 28,70,000 and the installment period of KRW 36 months with the victim Alhovah Korea Development Bank and the victim company set up a mortgage on the said motor vehicle on April 30, 2012, and thus, the above motor vehicle has a duty to keep the said motor vehicle for the purpose of security until the loan is repaid.
Nevertheless, the Defendant borrowed KRW 5,500,00 from a person who used a personal bond holder's name (the person who used a telephone number DNA) to pay KRW 23,634,764 of the above installment payments to the victim company on December 2, 2013 and suspended the payment of loans to the victim company as a security. The Defendant transferred the above vehicle to a third party for the purpose of money convergence, etc., which makes it impossible for the victim company to confirm the location of the vehicle, thereby losing the collateral value by making it impossible for the victim company to exercise the mortgage right. The Defendant acquired financial benefits of KRW 5,500,000 borrowed from the person who was not the name of the victim and caused the unpaid company to incur damages equivalent to KRW 23,634,764.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of each police suspect against the defendant or C;
1. Statement of the police statement of E;
1. A complaint;
1. Application of Acts and subordinate statutes on installment financing loans;
1. Article 355(2) and (1) of the Criminal Act, the choice of imprisonment for a crime
1. On the grounds of sentencing of Article 62(1) of the Criminal Act, the crime of breach of trust in this case on the grounds of sentencing under Article 62(1) of the Criminal Act is subject to the mitigation area (one to ten months), the punishment for special mitigation is not to be granted or significant.