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 becomes final and conclusive.

Punishment of the crime

The defendant is the defendant's relationship between victim C and high school.

1. On April 16, 2012, the Defendant made a false statement to the victim on the vehicle parked in the front of the Daejeon Seodong-gu Daejeon, stating that “The Defendant would deposit the Plaintiff with a vehicle of 25 million won in the face of the vehicle with the payment of the inside of the vehicle and to deposit the Plaintiff with a monthly interest and to have the payment of the monthly interest.”

However, in fact, the Defendant had no intention or ability to pay interest every month or pay money, even if he/she borrowed money from the Defendant as a result of considerable personal debt at the time, and was used to repay all debts from the Defendant, and he/she was thought to transfer the money to another person in the name of the victim.

Nevertheless, the defendant deceivings the victim as above and was immediately delivered 25 million won to the national bank account (E) in the name of the defendant under the name of the victim.

2. On April 25, 2012, the Defendant borrowed KRW 15 million from the injured party, provided as security the Fmp vehicles owned by the Defendant and continued to be owned by the Defendant, registered in the name of the Defendant’s wife.

Therefore, the defendant has a duty to keep the above vehicle normally so that the victim can achieve the purpose of the security, and to refrain from damaging the value of the security such as lending the vehicle as security or disposing of it unfairly.

However, on September 18, 2012, the Defendant borrowed KRW 18.5 million from Hyundai Capital in the name of G around September 18, 2012, and on the 28th day of the same month, Hyundai Capital created a right to collateral security at the maximum amount of KRW 9.25 million on the above vehicle.

Accordingly, the defendant acquired the financial benefits equivalent to KRW 9.25 million, and the victim suffered a loss equivalent to KRW 9.25 million.

[Defendant's property interest of KRW 18.5 million in breach of trust.