Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

The defendant is the representative director of the Foundation B, and C is responsible for the secretary general of the D Hospital affiliated with the Foundation B.

On July 30, 2011, the Defendant transferred FES vehicles owned by the Foundation to E as a security for KRW 27 million from E, but the Foundation received corporate rehabilitation. As such, the Defendant, on the ground that the said CE vehicle was owned by a legal entity, brought the vehicle to C while driving the said EE vehicle on the ground that it was owned by the legal entity.

C, on April 28, 2012, without the consent of E, used the above Ecubing vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. A complaint;

1. Application of the laws and regulations for perusal of motor vehicle register (A);

1. Relevant Article 323 of the Criminal Act and Articles 323 and 30 of the Criminal Act concerning criminal facts, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following factors: (a) the defendant repents and reflects the instant crime; (b) the defendant voluntarily withdraws the complaint under the agreement with the defendant; (c) the defendant expressed his/her intent to waive the right to the instant Ecoo vehicle; and (d) the defendant has no record of criminal punishment for the same type of crime; and (c) other various sentencing conditions as shown in the argument of the instant case, including the defendant’s age, character and behavior, environment, motive and circumstance, etc., shall be determined as ordered