A defendant shall be punished by imprisonment for four 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

On June 20, 2016, the Defendant: (a) purchased D’s car in the name of the Defendant’s wife at the office of the (ju) Seoul District Office located in Suwon-si, Suwon-si; (b) borrowed KRW 15 million from the victim KB Capital Co., Ltd. to cover the purchase price for a vehicle; and (c) registered the establishment of a mortgage with the mortgagee’s KB Capital Co., Ltd. and the secured bond amount of KRW 7.5 million on the said car purchased by the Defendant as security around June 27, 2016; and (d) there was a duty to keep the said car for the purpose of security until the loan is refunded.

Nevertheless, the Defendant, on September 30, 2016, borrowed KRW 3 million from the “F” of the bond company’s name at the Gohap-Eup, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, in violation of the foregoing duties, and transferred the said vehicle to the collateral (i.e., payment on October 30, 2016; (ii) the payment on October 30, 2016; and (iii) the payment on the 30th day of each month; and (iv) the payment on the 3th day of interest payment; and (iv) the Defendant acquired pecuniary benefits equivalent to KRW 3 million from the borrowed money; and (v) incurred damage equivalent to KRW 7.5 million of the secured bond amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. An agreement on the loan, a letter of permission for operation of a vehicle, an application for a middle or misleading debate, and the original register of motor vehicles;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] Article 62-2 of the Act on the Protection and observation of the crime of this case and the reason for sentencing [the scope of punishment is less than 100 million won] / [the person who is subject to special sentencing] / [the decision of sentencing] / she is sentenced to imprisonment for 4 months and 2 years of suspended sentence for 4 months (the defendant who has the past record of multiple criminal punishment is blocking the crime of this case, and has no record of being punished for the same crime as the crime of unfavorable circumstances, such as the