A defendant shall be punished by imprisonment for not less than five 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 June 25, 2012, the Defendant: (a) at the head office, Hansung-dong 189-3, Hansung-dong 189-3, the Defendant, the mother of the Defendant, borrowed KRW 27 million from the victim Lee Il-man Capital Capital to cover the purchase price; and (b) set up a mortgage on KRW 18.9 million for the said car; (c) thus, the Defendant had the duty to keep the said car for the purpose of securing the loan by the time the loan is repaid.

However, in violation of the above duties, the Defendant borrowed KRW 3 million from a person whose name is not known through the Internet on November 2012 from a person who was unable to obtain his/her name on the Internet and transferred the said vehicle to the said security, thereby acquiring the above loan amount of KRW 3 million, and thereby causing damage equivalent to KRW 18.9 million to the victim’s loan secured by mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Automobile installment financing, application for debate and agreement, etc., collection and inquiry, register of automobiles and protocol of impossibility of delivery of automobiles;

1. Application of Acts and subordinate statutes to criminal investigation reports (attached to suspect documents);

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the defendant among the following reasons for sentencing);

1. The range of comparative sentencing between the sentences that have no basic field (4 to 1 year and 4 months of imprisonment) (a special ductator) of the sentencing criteria (the scope of recommending punishment) (the amount of imprisonment shall be less than 100 million won): April 1 to April 4 months; and

2. Determination of sentence - 5 months of imprisonment, and 1 year of suspended execution, the Defendant committed the instant crime even though he/she had a record of criminal punishment by a fine through several times in the past.

Nevertheless, the defendant has failed to fully pay the victim's damages up to now.

Therefore, in selecting the sentence against the defendant, the sentence of imprisonment is applied.