A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 19, 2014, the Defendant: (a) purchased one motor vehicle for the 16,00,000 won from the victim’s Social Co., Ltd. (former KB Capital Co., Ltd.) that took advantage of the 16,000,000 won of the vehicle from the victim’s Republic of Korea; (b) concluded a installment financing contract to pay the vehicle at a rate of 20.9% per annum; and (c) agreed not to arbitrarily dispose of the vehicle, the purchased goods, such as transfer, lease, pledge, and pledge, until all monetary obligations under the installment financing agreement are performed, and on February 25, 2014, the Defendant established a mortgage on the 8,00,000,000 won of the principal of the above part, as the mortgagee’s victim.

Therefore, the defendant had a duty to preserve and manage the above vehicle which is the object of the right to collateral security for the victim until the purpose of the right to collateral security is realized, such as repaying the above loan.

Nevertheless, the Defendant began to delay the monthly payment from April 2015, and around May 2015, when the victim urged the payment of arrears or delivery of a vehicle to execute the right to collateral security, the victim would have to implement the right to collateral security on the said vehicle. On November 2015, the Defendant delivered the said vehicle to C under the name of debt security, and made it difficult or impossible for the victim to exercise the right to collateral security because the location of the vehicle could not be known.

As a result, the Defendant acquired financial benefits equivalent to KRW 11,762,152, which is the remainder of the principal and interest of the Defendant, and caused the same damages to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes on the written agreement and the motor vehicle identification card;

1. Relevant Article 355(2) and Article 355(1) of the Criminal Act concerning criminal facts and the choice of punishment: The victim shall actually commit the crime of the defendant.