A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around October 24, 2012, the Defendant: (a) purchased DK5 car at the Gangnam-dong 231, Seocho-gu, Seoul, Seoul; (b) provided the said car as a collateral to the victim Aju Capital Co., Ltd.; and (c) set up a collateral security right of KRW 13 million for a bond amounting to KRW 789,790 per month to pay the installment for 36 months; and (d) entered into a “new debate” contract with the said victim to obtain a loan of KRW 26 million from the said victim to pay the said installment amount; and (c) acquired ownership of the said car.

While paying installments to the victim company on July 2013, the defendant transferred the above passenger car, which was the object of the right to collateral security of the victim company, to the creditor who was the creditor of the defendant, for the purpose of collateral security.

Accordingly, the defendant concealed the above car which is the object of the victim company's right, thereby hindering the victim company's exercise of right.

2. Around February 26, 2013, the Defendant entered into a lease agreement with the victim “JB Korean Capital Co., Ltd.” and the E body-wide-man car at the front day of the preceding week, setting the lease term of KRW 60 months, monthly lease fee of KRW 1,17,000, and provided the said car as a collateral for the Defendant’s debt to the non-party, a creditor of the said car, who owns the victim’s company, on July 2013, while he was in custody and use the said car by delivery from the said victim company.

Accordingly, the Defendant embezzled the amount of KRW 64 million at the passenger car market price, which is owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of each register of automobiles statutes;

1. Relevant Article 323 (Obstruction of Exercise of Rights) of the Criminal Act, Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;