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

On October 30, 2012, the Defendant: (a) purchased one motor vehicle in the name of the Defendant in the “D restaurant” on the second floor of the building C in the militaryposi; (b) borrowed the said motor vehicle on the condition that the Defendant as the debtor will create a mortgage on the said vehicle in the future; and (c) pay KRW 157 million from the victim company in KRW 3,419,790 each month for 64 months; and (d) operated the said motor vehicle by inserting it into the e-mail, Co., Ltd.

Therefore, the defendant had a duty to properly preserve and manage the above vehicle which is the object of the mortgage on behalf of the victim until the purpose of the mortgage is realized.

However, the Defendant paid 4,124,643 won to the victim company as monthly payment at the end of January, 2013 and paid 154,967,190 won for the principal of the secured obligation (i.e., 157,000,000 won - 2,032,810 won for the principal of the secured obligation (i.e., 157,000,000 won). However, in violation of his/her duty, the Defendant issued and delivered a letter of renunciation of the vehicle to the victim in his/her name in violation of his/her duty and transferred the said vehicle as security and did not pay 25,00,000 won to the victim company, thereby making it difficult or impossible for the victim company to exercise the mortgage interest of the victim company as to the said vehicle. Thus, the Defendant sustained the loss equivalent to KRW 154,967,190 for the remaining principal of the loan to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Statement of impossibility of delivery of automobiles, and the vehicle register;

1. Application of Acts and subordinate statutes on the receipt of a written agreement with the issuer of the contract, a detailed statement of loans, and a statement of receipt of principal and interest on disposable discrimination;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order Article 62-2 of the Criminal Act is highly likely to cause damage to the grounds for sentencing, and partial recovery of damage is also possible.