A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 10, 2009, the Defendant purchased FM7 car in the name of FM7 car in the name of FM7 under the name of FM7 car in S. D, and received a loan from the Dispute Settlement Bank of Korea by the victim Alca to appropriate the purchase price for the said car, and set up a mortgage on the said car purchased by the Defendant as collateral with the mortgagee's interest of KRW 30,000,000,000,000. Thus, the Defendant had a duty to keep the said car in accordance with the purpose of security until the loan is refunded.

The Defendant borrowed KRW 8 million from a person whose identity cannot be known at the ordinary land on May 201, 201, in violation of the foregoing duties, and made it impossible for the Defendant to recognize the location of the said vehicle as security by transferring the possession of the said vehicle to him/her, thereby making it impossible for the Defendant to exercise the mortgage.

As a result, the Defendant acquired the pecuniary advantage of KRW 8 million borrowed from a person whose identity is not known, and caused the damage equivalent to KRW 30 million to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The president of the debtor, the original register of automobile registration, the written agreement on installment financing and loan, and the comprehensive details of vehicles;

1. Application of the Acts and subordinate statutes to the complaint;

1. Grounds for sentencing under Article 355 of the Criminal Act and Articles 355 (2) and 355 (1) of the Criminal Act (Options of imprisonment with prison labor) of the same Act concerning the relevant criminal facts;

1. The scope of the recommended sentence according to the sentencing guidelines [the types of decisions] the group of embezzlement and breach of trust crimes, the group of types 1 (less than KRW 100 million) (no person subject to special sentencing] (the scope of the recommended sentence], four months to one year and four months;

2. The crime of this case in which the Defendant purchased a MF7 car and took out a loan of KRW 30,000,000 as the purchase price from the injured party on November 10, 2009, by taking out the said vehicle as a security and then transfers the said vehicle to the person under whose name the above vehicle is not his name. The Defendant did not know the exact identity of the person who takes over the said vehicle and did not transfer the said vehicle.