A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On May 4, 2012, the Defendant purchased the above vehicle under the name of E from E, E, E, E, E, E, the Defendant borrowed KRW 21,600,000 from E, E, Non-Korean Capital Co., Ltd., and agreed to repay KRW 668,922 to the victim for 36 months, and set up a collateral security on the above vehicle with the mortgagee Non-Korean Capital Co., Ltd., Credit Amounting to KRW 17,300,000.

Therefore, the Defendant had a duty to faithfully pay the above loans each month and store the above vehicle which is the object of the right to collateral security for the victim until the purpose of the right to collateral security is realized.

Nevertheless, the Defendant paid 7,391,832 won in installments on May 2013 and delivered 16,683,334 won in violation of his/her duty and delivered 5,200,000 won to the person who was in violation of his/her duty and caused uncertainty of his/her location, thereby obtaining pecuniary benefits equivalent to KRW 16,683,334 in the remaining installments, and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of the written complaint, written agreement of application for debate on automobile financing, decision of the Incheon District Court, protocol of impossibility of delivery of automobiles, and register of automobiles;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] the category 1 (less than 100 million won) (1-10 months) is mitigated (1-10 months), the area of mitigation (special mitigation] is not subject to punishment, or a significant damage is recovered;

2. The fact that the defendant recognized the crime of this case and reflected in the decision of sentence, the fact that there is no record of punishment for the same kind of crime, and that only agreed with the victim.