A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 25, 2016, the Defendant was sentenced to the crime of embezzlement and the crime of violation of the Punishment of Tax Offenses Act in Seoul Southern District Court on August 25, 2016, and the judgment became final and conclusive on March 9, 2017.

Criminal facts

On December 24, 2015, the Defendant purchased Cub car under the name of C Co., Ltd., a de facto operator, on condition that the Defendant repaid KRW 40 million from the victim KB Capital Co., Ltd. for 36 months. On December 28, 2015, the Defendant created a collateral security right with the “KB Capital Co., Ltd.” and “20 million won” on the foregoing vehicle around the same month.

On May 2016, the Defendant provided the above vehicle as collateral and provided the above vehicle to the victim company with a loan of KRW 12 million from the name-free lender in a place where the Defendant had a debt of the above vehicle loan amounting to approximately KRW 30 million, not more than 12 million in a safe and unknown manner.

Accordingly, the defendant concealed the vehicle which was the object of the right to collateral security of the victim company and obstructed the victim company's exercise of collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A written complaint filed by the F;

1. Each report on investigation;

1. Applications for middle and high debate, registers of motor vehicles, and guidance on expected loss of time limits;

1. Previous convictions in judgment: Application of criminal history, response to inquiries, investigation reports (the confirmation report of the acceptance of suspect A Seoul detention house) Acts and subordinate statutes;

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the defendant, the defendant has no same criminal record, the establishment and operation of a clothing company in the Asia-out program seems to have resulted in the instant crime due to the financial difficulties. The instant crime should take into account the equity in the case of judgment at the same time with the previous conviction in which the judgment became final and conclusive, and other matters, such as the defendant's age, sexual behavior, environment.