The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Around February 13, 2014, the Defendant: (a) borrowed KRW 35,000,000 from C (State) office located in Gangnam-gu Seoul Metropolitan Government on the condition that he/she would pay 60 months to the victim; and (b) set up a right to collateral security of KRW 35,000,000 for the instant vehicle to the victim in order to offer the instant vehicle as security (hereinafter “instant vehicle”); and (c) set up a right to collateral security of KRW 35,00,000 for the instant vehicle.

Nevertheless, the Defendant failed to pay the principal and interest at all from four times, and at that time, obstructed the exercise of the rights by the victim by concealing the instant vehicle, which was the object of the victim’s mortgage, by transferring the instant vehicle to the needy and making it impossible to identify the location of the said vehicle.

2. The Defendant and his defense counsel’s assertion did not have prepared an agreement on installment financing of automobiles (hereinafter “instant agreement”) under the same terms and conditions as those indicated in the facts charged.

The Defendant did not have any reason to purchase the instant vehicle and operated the instant vehicle due to the lack of the fact of obtaining the driver’s license.

The instant agreement was prepared by E in the name of the defendant, and the defendant did not participate in a series of processes leading up to the conclusion of an automobile installment agreement, the purchase of a vehicle, the establishment of a right to collateral security on a vehicle, and the transfer of a vehicle. Therefore, the defendant

3. Determination

A. According to the records, it is recognized that the victim prepared the instant agreement by designating the joint and several sureties as the applicant for installment payment on February 13, 2014 as the F Co., Ltd. F (the defendant of the representative director), and the joint and several sureties as the defendant.

B. However, comprehensively taking account of the following circumstances acknowledged by the record, the evidence alone presented by the prosecutor is insufficient to recognize that the defendant or a person who has obtained a legitimate power of attorney from the defendant prepared the instant agreement, and further, the defendant loans.