A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 15, 2015, the Defendant was sentenced to the suspension of the execution of four months for a crime of aiding and abetting a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court's Branch Branch on September 15, 2015, and the said judgment became final and conclusive on September 26, 2015.

On September 27, 2013, the Defendant purchased one vehicle for CK7 riding in the name of the wife in the middle and high-speed trading company located in the Seocheon on September 27, 2013, and took out a loan of KRW 27 million from the Plaintiff’s Social Co., Ltd. (this case Co., Ltd.) that took place as the purchase price, and issued a mortgage of KRW 13.5 million with respect to the said vehicle to the victim. Thus, the Defendant had a duty to properly preserve and manage the said vehicle, which is the object of the said mortgage, for the victim until the object of the said mortgage is realized, such as the full payment of the loan, etc.

Nevertheless, the Defendant violated the above duties, and around May 2014, the Defendant borrowed KRW 8 million from the name-free bond company in the vicinity of the Gangwon-do, and offered and delivered the said car as security.

As a result, the Defendant acquired property benefits equivalent to KRW 13.5 million in the value of the mortgage on the said car, and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E (List 5);

1. A complaint (List 1), a summary of the second and second installments (List 2), a decision on voluntary auction of motor vehicles (List 3), a ledger of motor vehicle registration (List 4);

1. Investigation report (List 9);

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of the Criminal Report (List 10);

1. Articles 355 (2) and 355 (1) of the Criminal Act and Articles 355 (1) of the Criminal Act concerning the crime, and the punishment of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the circumstances favorable to the defendant (a confession, reflectivity, absence of criminal records of the same kind, the amount of damage is not high, and 21 minutes out of 36 installments of the amount of loans to the victim have been paid, and around September 26, 2016.