A defendant shall be punished by imprisonment with prison labor for up to six 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 February 3, 2016, the Defendant was sentenced to a suspended sentence of two years for six months by embezzlement, etc. at the Gwangju District Court, and the judgment became final and conclusive on February 12, 2016.

On June 26, 2013, the Defendant: (a) purchased DK5 car under the name of the Defendant at the agency located in Gwangju Nam-gu, Gwangju; (b) borrowed KRW 24 million from the victim Hyundai Capital Co., Ltd. to pay the purchase price; and (c) created a mortgage on the said car as the mortgagee for the same day; and (d) the bond amount of KRW 24 million.

Nevertheless, on January 2014, the Defendant borrowed 6 million won from the French metropolitan area (hereinafter referred to as the "Seoul metropolitan area") to a credit service provider whose name is unknown and transferred the said car to the mortgagee and concealed it, thereby hindering the exercise of the right by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Original Register of Automobile Registration;

1. A written application for a consultation slip and an automobile register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the text of the judgment;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under the main sentence of Article 62-2(1) of the Social Service Order Criminal Act and Article 59(1) of the Act on the Observation of Protection, etc. is that a limited liability company specialized in the first asset-backed securitization intends to punish the Defendant by taking over the loan claims against the Defendant from the victim company.

On the other hand, it is advantageous to the fact that the defendant has no same power, that the defendant recognizes and reflects a crime, and that the defendant pays 600,000 won to a limited company specialized in E.S. first securitization.

In such circumstances and decisions, the punishment for the instant crime shall be determined by taking into account the case of concurrent crimes as well as equity in the case of concurrent crimes after Article 37 of the Criminal Act.