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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special larceny in the Daejeon District Court's Seocheon Branch on August 27, 2015, and the judgment became final and conclusive on December 5, 2015.

On April 27, 2015, the Defendant loaned KRW 18,80,000 from the victim C Co., Ltd. to redeem KRW 362,583 on the 15th day of each month between 60 months and set up a mortgage on the said vehicle to secure the loan.

Nevertheless, around July 2015, the Defendant borrowed 6 million won from a person who was not aware of the name of the vehicle, as security, at the pawned Hall where it is impossible to identify the location of the vehicle, thereby hindering the victim's exercise of rights by concealing the vehicle which became the object of the mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by D on supplement of complaint;

1. An application for debate on errors in installment financing, a copy of registration certificate, a contract for creating a mortgage on automobile services, a notarial deed company, a notice of assignment of claims, and

1. Investigation report (the currency of a suspect, the complainant, the agent for complaint and the currency);

1. Previous records of judgment: Criminal records, inquiry reports, results of search of consolidated cases, and application of statutes of the judgment;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the loan obligation in this case is a considerable amount and that the damage is not recovered.

However, the fact that the defendant acknowledges and reflects the mistake, that the crime in the first head of the ruling has become final and the crime in this case should be considered at the same time when the crime in this case is adjudicated, that there is no other penalty force than the previous conviction, and that there is other motive for the defendant's age, character, environment, and crime.