A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 8, 2010, the Defendant purchased dump truck (C) vehicle in the Hyundai Automobile B agent located in Gangseo-gu Seoul Metropolitan Government in the name of D, and agreed to lend KRW 125,00,000 at an annual interest rate of KRW 8.93% per annum from the victim's Hyundai Capital to cover the purchase price of the vehicle and agreed to repay the loan at KRW 2,590,550 per month for 60 months until June 8, 2015, and registered to establish a mortgage on the said vehicle as security around June 4, 2010, the duty to keep the said vehicle until the loan is refunded.

Nevertheless, the Defendant violated the above duties on November 2012, and transferred the said vehicle to the non-persons (one-person E) who was the employee of the Defendant, in a place unclaimed in place, on behalf of the unclaimed monthly salary.

As a result, the defendant had the above-mentioned person acquire the property benefits equivalent to the above-mentioned vehicle amounting to 125,000,000 won in the market price, and caused the victim to suffer a loss equivalent to the above-mentioned amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint filed by a limited company specializing in EPS first-class securitization;

1. Application for a loan for purchasing funds or a copy of a summary thereof;

1. Business registration certificate, certificate for all registered matters, certificate of seal imprint, notice of transfer of bonds, etc.;

1. Application of Acts and subordinate statutes to a copy of the registration ledger of construction machinery;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. It appears that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shows the attitude of the defendant against the reason for sentencing, the fact that the defendant has no record of the same criminal punishment, and that the defendant has agreed with the complainant who is the transferee of the claim for loans