A defendant shall be punished by imprisonment for a term of one year and nine months.

Punishment of the crime

[2014 Highest 3869] The Defendant is the actual owner of the instant truck, who laid off a DNA truck to “stock company C” for carrying on transportation business.

On June 20, 2011, the Defendant borrowed KRW 98,880,000 from the victim Yangyang Life Insurance Co., Ltd. with automobile purchase funds from the victim Yangyang Life Insurance Co., Ltd. on June 20, 201, and on June 24, 2011, on the above truck as security for the above loan, the Defendant set up a mortgage on KRW 98,880,000 on the said truck.

Therefore, the defendant had a duty to keep the truck in line with the purpose of security for the damaged company until the loan is repaid.

Nevertheless, on April 2013, the Defendant borrowed KRW 16 million from a person who is unable to know his/her name at a ppuri park parking lot located in the Jung-gu Daejeon-dong, Daejeon-gu, and offered the said truck as a collateral.

In this respect, the defendant acquired the amount of unregistered proprietary benefits, and caused the amount of losses to the damaged company.

[2014 Highest 3970] The Defendant is an actual owner who laid off a truck called E 25 tons in a “shot shot of a stock company” to carry on transportation business.

On August 16, 2012, the Defendant borrowed KRW 95 million from the victim's Hyundai Fresh Social Co., Ltd., the third floor of the Seo-gu Daejeon-dong 1277 Hyundai Fresh Capital building, and around September 10, 2012, the Defendant created a mortgage on the above truck with the value of KRW 95 million as security for the above loan.

Therefore, the defendant had a duty to keep the truck in line with the purpose of security for the victim until he/she redeems the loan, and to not conduct a disposal that makes it practically impossible for the victim to recover the claim.

Nevertheless, the Defendant is Daejeon Daejeon-gu on May 2013.