A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

around August 30, 2018, the Defendant purchased B QM6 vehicles from the French land in Seoul and below, and loaned KRW 29.9 million from the victim C Co., Ltd. and on September 5, 2018, established a mortgage on the said vehicle in the victim’s name, the claim value of which is KRW 29.9 million.

Article 6 of the terms and conditions of a loan contract that the defendant entered into with the victim provides that "the debtor shall not take any voluntary disposition, such as transfer or lease of the relevant motor vehicle, or create a pledge or mortgage, without the consent of the financial company until the full payment of installments as stated in this agreement is made." Thus, the defendant has the duty to keep the same until the repayment of the loan is made so that the value of the above vehicle is not lost.

However, on November 2, 2018, the Defendant violated the above duties, thereby making it difficult for the Defendant to execute the mortgage by receiving KRW 600,000,000 from the company E, a corporation prior to the dissolution of the said vehicle on December 3, 2018 and selling the said vehicle to make it difficult for the Defendant to grasp the location of the said vehicle.

In this respect, the defendant acquired financial benefits equivalent to KRW 6 million, and caused a loss equivalent to KRW 29.9 million to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application for filing of a complaint, application for installment financing, certified copy or abstract of the terms and conditions of automobile installment financing, register of automobiles, confirmation of automobile registration information, deposit status compared to redemption, scheduled notification of expected loss of time limit, advance notification ex officio of automobile in violation of orders to suspend operation, advance notification, full certificate of registered matters, driver's license and investigation report (related toG telephone telephone telephone);

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Probation Criminal Act are 858.