A defendant shall be punished by imprisonment for six months.

except that 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, 2012, the Defendant: (a) purchased the car from the used car selling company B located in Daegu City, and (b) borrowed KRW 12.4 million from the victim D Co., Ltd. while paying approximately KRW 460,000 in installments for 36 months; (c) entered into a loan agreement to provide the said car as security to the said company; and (d) set up a mortgage in the name of D Co., Ltd. on September 6, 2012.

However, around May 2013, the Defendant borrowed KRW 4 million from a person who was unable to know the name operating the trade name E, from a person who was unable to know, and provided the said car as security, thereby hindering the Defendant’s exercise of rights by concealing the car owned by the Defendant, which was the object of the rights of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the complaint, supplement and statement of the F;

1. Investigation report ( telephone conversations with a criminal complaint agent);

1. Application of Acts and subordinate statutes for reference regarding notification of assignment of claims and entrustment, examination table, application for D medium loan, copy of register of automobiles, and special case of acquisition of mortgage by an asset securitization company;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not good in light of the background and method of the crime in this case, and the fact that the damage recovery has not been completed up until now, it is necessary to strictly punish the defendant.

However, the fact that the defendant is recognized as committing the crime, the first offender, and the fact that the defendant expressed his intention that the above company does not want the punishment of the defendant after the prosecution of this case. G limited company (the company that received the mortgage installment payment from the victim D Co., Ltd. after the crime of this case) and the above company are paying 1 million won to the defendant and paying 12.5 million won in installments in the future.