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 becomes final and conclusive.

Punishment of the crime

The defendant is the actual owner of CMW 520D car.

On August 2014, the Defendant: (a) borrowed KRW 14 million from F to F on the road near the E church located in South-gu, Nam-gu; (b) offered the said car as security; and (c) the Defendant was not able to repay the above borrowed money; and (d) the Defendant did not repay the borrowed money, F.

D. The Defendant Ha occupied the said car by borrowing KRW 14 million from G on September 1, 200, by offering the said car as security, etc.

When the Defendant received a notice of kept in custody of an automobile number plate due to the unpaid payment of fines for negligence from Ulsan Viewing, and came to know that the said car was parked in the parking lot of the Nam-gu I building in Ulsan-gu, the Defendant had the same mind to take it.

D. Around 03:30 on November 10, 198, the Defendant’s vehicle was operated with a auxiliary key at the above parking lot, which became the object of the victim’s possession, by driving the car at the time of the pertinent car at the above parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. Investigation report (as to the family relationship between the suspect and the owner of the vehicle and the J), investigation report (as to the confirmation of the Category C vehicle with no collateral), investigation report (to hear the suspect's telephone statement from the JJ), investigation report (to listen to the witness F's telephone statement);

1. A copy of the loan certificate and family relation certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Suspension of Exercise of Right (Obstruction of Exercise of Right) / [1-8 months] mitigation area (including special mitigation person] / [including efforts to recover damage] victim’s failure to punish / [Pronouncement decision] victim’s failure to punish / Defendant, but the Defendant recovered the vehicle by repayment of borrowed money and actually recovered the vehicle and actually recovered the damage. In addition, the records of this case are recorded, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, and circumstances after the crime.