A defendant shall be punished by imprisonment for six 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 December 27, 2013, the Defendant entered into a loan agreement with the victim Aju Capital Co., Ltd. and borrowed KRW 2,787,00,00 from the injured party, and purchased the vehicle D horse interest with the maximum claim amount of KRW 19,30,000 for the victim on January 3, 2014.

After February 2015, the Defendant paid 4.95 million won to the victim by February 2, 2015, but did not have sufficient means to repay the loan and was placed in a situation that is economically difficult to do so.

In borrowing KRW 8 million from the subsidiary company, the subsidiary company delivered the vehicle as security and concealed it, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Investigation report (the date on which vehicle is offered as security and whether to recover);

1. 대출 내역서, 회차별 원리금 수납 내역, 오토할 부 신청서, 오토할 부 약정서, ㅎ 오토할 부 약정조항, 자동차등록 원부 법령의 적용

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. In light of the fact that: (a) sentencing reasons under Article 62-2(1) of the Social Service Order Criminal Act; Article 59 of the Act on the Observation, etc. of Protection, etc.; (b) motive and circumstance of the crime of this case; and (c) vehicles concealed without recovering the victim’s damage up to this court, are not returned; and (d) the nature of the crime is not easy and the circumstances after the crime are also good;

However, it is difficult to see that the Defendant was the first offender with no criminal history; the Defendant did not seem to have planned such crime from the time of the purchase of the vehicle; and it appears that the Defendant attempted to temporarily change economic difficulties; the Defendant’s mistake appears to have led to the instant crime; and the Defendant’s damage to the Aju Capital Co., Ltd., the victim, is late.