A defendant shall be punished by imprisonment for six 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

On November 28, 2017, the Defendant agreed to borrow KRW 150,000,000 from the Victim B Co., Ltd. to repay KRW 3,034,285 per month for 60 months, and agreed to secure the obligation of the above loan, the Defendant created a mortgage over the mortgagee as the victim, the mortgagee, and the obligor as the Defendant, and the mortgage over the bond value of KRW 105,00,000,000, which is the bond value of KRW 150,000,000, and thus, there was a duty to keep the said vehicle until the loan is repaid.

The Defendant violated the above duties while paying only KRW 17,770,155 of the loan principal, and transferred the said vehicle to secure KRW 20,000,000 in the F Office located in Gyeyang-si around August 2018 in order to obtain property benefits equivalent to KRW 20,00,000, and suffered property damages equivalent to KRW 76,100,000, which is equivalent to the value of the said vehicle to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Application of Acts and subordinate statutes to applications for financial products of B, an erroneous agreement, the register of automobiles, the details of deposits, and the calculation statement of the amount halfway;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. Determination of sentence: 6 months of imprisonment with prison labor, and 1 year of suspended execution, the Defendant reflects his mistake in the confession of the instant crime, and the Defendant agreed to return the instant vehicle to the damaged company and agreed to do so smoothly with the victimized company.