A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On October 21, 2016, the Defendant was sentenced to a suspended sentence of two years on August 14, 2017 in the Daegu District Court’s branch for the crime of embezzlement, etc., and the judgment became final and conclusive on February 14, 2017.

[2] On December 27, 2013, the Defendant: (a) purchased CM7 car under the Defendant’s father’s father’s name; (b) borrowed KRW 14.5 million from the Defendant’s Hyundai Capital Co., Ltd.; and (c) set up a mortgage on the bond value of KRW 14.5 million to the said car on December 31, 2013; and (d) set up a creditor as the injured party.

In accordance with an agreement with the victim corporation, the defendant kept the above car on behalf of the creditor corporation until the defendant repaid all of the above loan, and if it is impossible to repay the loan, the mortgagee is not obliged to deliver the object to the mortgagee solely on the ground that the mortgagee delayed the repayment of the loan, without disposing of it unfairly or destroying, damaging, or doing any other act to reduce the value of the security so that the purpose of the security can be achieved. However, the document of indictment to keep the above vehicle is stated to the purport that "where the loan is not repaid, the above vehicle has the duty to deliver it to the victim." However, except in the case where delivery order is issued in the execution procedure, the mortgagee is not obliged to deliver the object to the mortgagee.

There was a person.

Since March 25, 2014, the Defendant delayed the repayment of the above loan, and around that time, there was a duty to keep the said car in order for Hyundai Capital Co., Ltd. to exercise the mortgage on the said car. However, as there was a lack of living expenses, such as a shortage of monthly rent of about KRW 2 million, a lack of monthly rent of approximately KRW 2 million, such as a smuggling and a fluoring with gold, the Defendant violated the above duty and thereby, from E 2 car page located in Ison-si, Leecheon-si around May 2014.