A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 26, 2014, the Defendant: (a) obtained a loan of KRW 87 million in the name of the victim Dotoo Lease Co., Ltd. (KTtoo Lease Co., Ltd.) from the victim’s 4 commercial vehicles B on security; (b) agreed to pay the victim 1,975,066 won monthly in 60 months each; and (c) registered as a collateral security establishment for the mortgagee with respect to the said vehicle as the victim, and with respect to the claim amount of KRW 60,90,000,000, the Defendant had the duty to keep the said vehicle until the repayment of the loan.

On February 8, 2016, the Defendant violated the foregoing duties and transferred the said vehicle as security at the E parking lot located in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, Seoul, with a loan of KRW 3,500,000 from the employees of the large commercial company new roads.

On February 18, 2016, the victim demanded the large trading company of new roads to deliver the vehicle, but the large trading company of new roads refused to deliver the vehicle on the grounds of the loan to the defendant.

On April 29, 2016, a new-road large trading company, with the consent of the Defendant on April 29, 2016, separately removed “wing straw,” which is equivalent to KRW 10 million in the market price, from among the parts of the said vehicle, and returned the said vehicle to the Defendant. Ultimately, the victim was returned the said vehicle to a state without “wing wing ” due to the Defendant’s act, thereby incurring loss that would substantially lose the security value of the said vehicle.

As a result, the Defendant acquired economic benefits equivalent to KRW 3.5 million borrowed from the large-scale trading company of Newway Co., Ltd., and suffered damages equivalent to KRW 10 million in the market price of parts by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. An erroneous agreement, a certificate of vehicle real property, register of automobiles, and details of receipt;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;