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 31, 2015, the Defendant purchased a DMW740d car under the name of the Defendant’s mother E and the Defendant’s wife FF in Yeonsu-gu, Incheon. On the same day, the Defendant borrowed KRW 109,758,180 from the victim G G Co., Ltd. to cover the purchase price of the automobile, and registered the establishment of a collateral security right for the said car purchased by the Defendant as collateral with the mortgagee amounting to KRW 87,806,544, a duty to keep the said car for the purpose of security until the loan is repaid.

Nevertheless, on November 2017, the Defendant borrowed money from a mortgagee in violation of the above duties without the consent of the mortgagee, and made it difficult for the Defendant to exercise the right to collateral security by arbitrarily delivering the said car to the mortgagee under the pretext of security.

As a result, the Defendant acquired property benefits equivalent to KRW 65,649,366, which is the secured debt amount at that time, and suffered property damage equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A written contract confirmation, a repayment plan, a written contract, the register of automobiles;

1. Application of the Acts and subordinate statutes concerning the determination of automobile auction;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the fact that it is white and reflect, the fact that it has paid the total of 66 million won from September 2015 to March 2018, and the fact that it does not exist in the previous case);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;