A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On July 7, 2010, the Defendant purchased a car in the name of the Defendant from the (ju) Seoul Special Metropolitan City, Seocheon-gu, Seocheon-si, Seoul Special Metropolitan City, S80.3.2, the Defendant borrowed KRW 33,00,000 from the victims Aju Capital Co., Ltd., 874-9 00, Seoul Special Metropolitan City, in order to cover the purchase price of the car. On the same day, the Defendant registered the establishment of a collateral security right for the said car purchased by the Defendant as collateral with the mortgagee Aju Capital Co., Ltd., the bond amounting to 333,00,000,000 won. As such, the obligation to preserve the said car for the purpose of security until the repayment of the loan is made.

Nevertheless, around August 27, 2010, the Defendant borrowed KRW 5 million from F and G after the building in Bupyeong-gu, Nowon-gu, Seoul Special Metropolitan City after borrowing KRW 5 million from F and G in violation of the above duties and transferred the said vehicle as security. As such, the Defendant acquired pecuniary benefits equivalent to KRW 5 million borrowed from F and G, and suffered damages equivalent to KRW 33 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to loan specifications, agreement on vehicle loan, register of automobiles, details of transactions, borrowing certificate, statement of waiver of operation, and statement of waiver of vehicle;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the decision of the suspended sentence) is 100 million won [the scope of recommending punishment] - April 1 year and April (the decision of the sentenced sentence]: while the amount of damage was equivalent to 33,00,000 won, the benefit acquired by the defendant is relatively small amounting to 5,00,000 won, the benefit acquired by the defendant is relatively small amounting to 5,000,000 won, there is no criminal conviction above the fine, and other records of this case, such as the defendant's age, occupation, environment, character and conduct, the background, details, and circumstances after the crime