A defendant shall be punished by imprisonment for not less than eight 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

around March 21, 2014, the Defendant obtained a loan of KRW 147,240,000 from the Defendant’s Hyundai Social Co., Ltd. for purchasing cars with 27 tons of CY 27 tons, and made a new registration under the name of D Co., Ltd. on April 3, 2014. On April 15, 2014, the Defendant established a mortgage of KRW 217,840,000 with the value of bonds at the victim Co., Ltd. on April 15, 2014. Thus, the Defendant had the duty to keep the said automobile for the victim Co., Ltd. until repayment of the above loan principle was made, but on December 2, 2015, the Defendant transferred the said automobile to the Buddhist Social Co., Ltd., Ltd. for the purpose of guaranteeing the victim’s collateral amount of KRW 23,000,000,000,000,000,000.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A copy of the application for new installment;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes on the debtor president;

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

1. Reasons for the sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Types of Determination] / [Special Sentencing under 100 million won] - [person who is subject to the sentencing] / [Determination in the sphere of recommendation] mitigation area / [the scope of recommendation] 1 month to 10 months [the scope of recommendation] - Where the person who is subject to the sentencing and the defendant are not occupational embezzlement and breach of trust / [decision of sentence] The above sentencing factors and the defendant are recognized to be erroneous, and the defendant has no criminal records exceeding the same criminal records and fines, etc.