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

Punishment of the crime

On March 28, 2014, the Defendant was sentenced to two years of imprisonment, three years of suspended execution, and a fine of 4.1 billion won at the Busan District Court on April 26, 2014, and the said judgment became final and conclusive on March 28, 2014.

On May 8, 2013, the Defendant concluded a loan agreement with the employees of Hyundai Capital Co., Ltd. of the victim and the employees of 'loan amounting to 28.7 million won, and 36 months from May 8, 2013 to May 25, 2016, including the loan period, 884,862 won from May 25, 2016, and the repayment of the principal and interest equal to the amount on the 25th day of each month.

In fact, even though the Defendant was planning to sell the said car immediately and was unable to make a repayment of the loan, the Defendant was employed by the employees of the victim company and was paid 28.7 million won as a loan to purchase the car by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a report on investigation and a copy of judgment attached thereto;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Concurrent Crimes Handling: Consideration in light of the fact that the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act is against the reason and health is not good, but has not been recovered from damage and has not been agreed with the victim, etc.