A defendant shall be punished by imprisonment for not less than eight 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 August 16, 2010, the Defendant purchased a vehicle at CRS4 4.2.2 from a used vehicle trading company located in Daejeon under the name of its partner D, and borrowed KRW 50 million from the victim's Ariju Capital Capital, the Daejeon Middle-Term Trading Department to pay for the purchase price of the vehicle. On the same day, the Defendant registered the establishment of a right to collateral security with the mortgagee's Ariju Capital, the bond price of KRW 50 million with the bond price of KRW 50 million. Thus, until the loan is repaid, the Defendant kept the said vehicle in accordance with the purpose of collateral.

Nevertheless, around April 2012, the Defendant borrowed 5 million won from a person whose name is not known at the convenience store near the World Cup stadium in Daejeon-gu, Daejeon-dong, from a person whose name is unknown, and transferred it to the said passenger vehicle as security. The Defendant acquired the pecuniary benefits equivalent to KRW 5 million borrowed from a person who was unable to know the above name, and suffered damages equivalent to KRW 50 million from the victim’s loan.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Statement to E by the police;

1. Application of the register of automobiles (C) legislation

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

2. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] Embezzlement Type 1 (100 million won) [The scope of recommending punishment] / April 1 and April (the basic area] / In a case where major reasons for writing are positively recovered: In a case where significant damage has been recovered, it is true that there is a need for severe punishment in view of the fact that there is no criminal conviction above the positive social relation and there is no criminal record of the suspension of the execution of half or more (the decision of sentence] having a significant amount of damage.

However, all of the crimes are recognized by the defendant, and efforts are made for the recovery of damage.