Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On October 16, 2017, the Defendant purchased the automobile from the trading company of the mutually unclaimed used cars located in the Dongcheon-dong, Dongcheon-si in the name of the Defendant, and borrowed KRW 50 million from the victim C Co., Ltd. to cover the purchase price of the automobile, and registered the creation of a mortgage over the said automobile purchased by the Defendant as collateral around October 26, 2017 with the mortgagee as the victim company, the debtor as the Defendant, and the establishment of a mortgage over 25 million won with the bond value of the Defendant. Thus, the duty to keep the said automobile for the purpose of security was incurred until the loan is repaid.

On April 3, 2018, the Defendant borrowed KRW 9 million from D, at a place where the location is unknown due to the violation of the above duties, and transferred the said vehicle to D along with the vehicle abandonment note, thereby obtaining pecuniary benefits of KRW 9 million, and suffered damage equivalent to KRW 25 million from the claim value to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Grievance - Application of an application for a middle and high-class debate, automobile delivery records, credit management records, register of automobiles, automobile mortgage contract, and register of the register of automobile; and

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on a comprehensive consideration of various sentencing factors indicated in the records and arguments of the instant case, including the background of the instant crime, whether damage was recovered (agreement after the institution of public prosecution), the criminal records of the Defendant, and the age, character and conduct of the Defendant, motives and developments of the instant crime, and the circumstances after the crime.