A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 30, 2013, the Defendant purchased C (DD after the change) 9.5 ton of the beginning of the early theater, and obtained a loan of KRW 85 million from the Korean Capital Capital Capital, Korea, a victimized company, and registered the transfer of the above truck under the name of (ju) CS logistics on January 24, 2014, and registered the establishment of a collateral security at the value of the claim of KRW 85 million as the mortgagee.

Therefore, the duty of the defendant to keep the truck in compliance with the purpose of the security was created until the defendant fully pays the loan.

Nevertheless, on October 2014, when the Defendant did not pay all the principal and interest of the loan in violation of the above duties and did not notify the damaged company, the Defendant, at the cargo terminal located in the Yancheon-si, Seocheon-si, Yan-si, the said truck without any notice, made payment on behalf of the vehicle, and transferred the said truck to E, who is the land owner, thereby obtaining pecuniary benefits of the amount of the truck, and caused damage equivalent to KRW 85 million to the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Loan agreement, the current status of receipt by customers, and the motor vehicle registration ledger;

1. The judgment of the Seoul Central District Court (2015 Ghana 22746) is applied by law;

1. Relevant Article 355 of the Criminal Act, Articles 355 (2) and 355 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommended punishment] Class 1 (100 million won or less) [Article 62(1) of the Act] [Article 62(1) of the Act, [Article 62(1) of the Act] [Article 62(1) of the mitigated area (Article 100 million won or less] [Determination of sentence] [Article 4(1) of the Punishment Act], considering the methods and contents of the crime of this case, considering the fact that the defendant reflects the wrongness of the defendant, there is no record that the defendant has been punished for the same kind of crime, and the defendant agreed with the victim that the injured person does not want the punishment of the defendant, the sentence is