A defendant shall be punished by imprisonment for not less than five 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

In accordance with the evidence relationship duly adopted and examined by this court, part of the facts charged is revised or specified to the extent that it does not hinder the exercise of the defendant's right to defense.

On October 8, 2015, the Defendant: (a) lent the name of the Defendant’s pro-Ba B from the middle and high-speed car in the name of the Defendant to purchase the vehicle; (b) agreed to obtain a loan of KRW 27 million from the victim D Co., Ltd. to repay the amount in equal installments in the amount of principal and interest for 36 months; and (c) set up a mortgage on the above vehicle as security for the loan amounting to KRW 27 million on the same day; and (d) until the installment payment is completed, the Defendant had a duty to keep the vehicle in accordance with the purpose of collateral

Nevertheless, on October 12, 2015, the Defendant borrowed KRW 12 million to E, a credit service provider, in violation of the above duties, and provided the said automobile as security.

Therefore, even though the defendant knew that it could not exercise the right to pay by the victim, he would lose the security value of the above vehicle, thereby acquiring property benefits equivalent to KRW 27 million, and suffered the same loss as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certified copy or abstract of the motor vehicle registration ledger;

1. An application for loans to D motor vehicles and an agreement;

1. Application of the statutes governing standard terms of loan transactions;

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

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

1. The circumstances favorable to the defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act (the fact that the defendant recognized the crime of this case and that the defendant agreed with the victim) and unfavorable circumstances (the defendant committed the crime of this case in a planned manner to raise a loan without the intent to use the above car, and the motor vehicle flows and manages the time.