A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 4, 2014, the Defendant: (a) purchased 1,290,000 won for the principal of the vehicle No. BK5 passenger car at the point of Hyundai Capital Co., Ltd. in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, Incheon, in order to secure the principal of the said installment, and (b) set up a mortgage on the said vehicle on April 8, 2014, with the debtor as the Defendant, in order to purchase 1,290,000 won for the principal of the said installment.

On December 26, 2014, the Defendant offered the above vehicle as security to a name-free bond business operator in Gyeyang-gu Incheon Metropolitan City (hereinafter referred to as Gyeyang-gu) and borrowed 3 million won with three months of repayment period and 30% interest, and then prepares a letter to the effect that if a loan is not repaid within the repayment period, he/she renounces his/her right to the above vehicle. The Defendant transferred the above vehicle to the victim and failed to confirm the location of the above vehicle.

Accordingly, the defendant disposed of and concealed B vehicles owned by the defendant, which are the object of the victim's mortgage, to the non-nameable bond company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written application for Hyundai Capital, a notice of transfer of bonds and acceptance of entrustment, the automobile registration ledger, contents certification, sale certificate, and copy of the payment order;

1. Details of proceedings (In Incheon District Court D)

1. Application of Acts and subordinate statutes to investigation reports (Submission of documents concerning the issuance of a certificate of seal imprint);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing Criteria: The basic area (from June to one year) of each kind of exercise of the right;

2. In light of the background, method, amount of damage, etc. of the instant crime, the nature of the crime is not weak, and the Defendant re-offendered even during the suspended execution period due to the crime of occupational embezzlement at the time of the crime.

Therefore, the defendant is sentenced to imprisonment.

However, the defendant's mistake is recognized.