A defendant shall be punished by imprisonment for not more than ten 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

[2014 Highest 1179] Around August 27, 2013, the Defendant lent KRW 13 million to the victim D at the C office located in a substantial district of Cheongju-si, Cheongju-si, and offered and kept ENAS car owned by the victim as a security. Around that time, the Defendant arbitrarily disposed of to G through F and received KRW 1 million in return.

Accordingly, the Defendant embezzled the car owned by the victim.

[2014 Highest 2090] In purchasing KSM automobiles in the name of the motherJ on May 20, 201, the Defendant provided the said car as collateral and set up a right to collateral security in the future of the victim Aju Capital (the agreement to pay 1,032,730 won each month in 36 months).

Although the Defendant repaid KRW 21,927,793 out of the principal and interest of the above loan, but it was difficult to pay the loan due to any circumstances thereafter, the victim company was issued an order to deliver the said vehicle from the resident stay support of the Daegu District Court on October 15, 2013 to execute the order on October 30, 2013, and entered into the front of the Seo-gu M& building, Daejeon, Daejeon, which is the Defendant’s residence, in order to execute the order on October 30, 2013. However, the Defendant disposed of it in another place and concealed it to prevent the victim from exercising the right to exercise the right of the victim capital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or N;

1. A loan agreement;

1. Automobile register;

1. Application of Acts and subordinate statutes on car delivery records;

1. Articles 355 (1) and 323 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (see, e.g., the fact that an agreement has been made with the victim D and the amount of the loan principal and interest has already been repaid);

1. Probation and community service order under Article 62-2 of the Criminal Act;