A defendant shall be punished by imprisonment for not less than eight 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 May 16, 2008, the Defendant purchased B QM5 car from the 30th office of the Korea Social Services Korea (State) of Geumcheon-gu Seoul Metropolitan Government Additional Digital. In order to cover the purchase price of the car, the Defendant borrowed KRW 2,654,00 from the said victim company to cover the purchase price of the car, and registered the establishment of a collateral security right to the said vehicle purchased by the said Defendant as collateral with the mortgagee and the bond price of KRW 1,327,00,000,000 for the said company and bond price of KRW 1,3270,00,000, the obligation to keep the car until the loan is repaid.

On June 26, 2009, the Defendant violated the above duties and sold the said car to the Defendant, who received KRW 11 million from the person who was absent from his name at the shop.

Accordingly, the defendant acquired property benefits equivalent to KRW 11,00,000 from the above person who was not aware of his name, and caused damages to the victim company equivalent to KRW 13,270,000.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A loan agreement;

1. Application of the motor vehicle register (A) legislation

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Type 1 (less than KRW 100,00) basic area (not more than April-1 year and April) (no person specially punished] / [decision of sentence] 8 months of imprisonment, suspension of execution 2 years of probation, community service 160 hours (the amount of damage, etc. shall be taken into account);