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 23, 2011, the Defendant: (a) purchased a passenger car under the name of the (ju) D in which the principal is working as a representative director; (b) borrowed 47 million won from the victim Aju Capital to cover the purchase price of the car; and (c) on the same day, registered as a collateral for the said car purchased by the Defendant as a collateral, the establishment of a collateral security right with the amount of 47 million won as the mortgagee and the secured debt amount of the said car. As such, the Defendant had the duty to keep the said car for the purpose of security until the loan is repaid.

On July 2012, the Defendant, in violation of the above duties, transferred the said car under the pretext of payment in kind to E, in which he was liable for the debt on the land due to the default of the said duties.

As a result, the defendant acquired property benefits equivalent to 47 million won and suffered damages equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the motor vehicle register Acts and subordinate statutes, such as the complaint, motor vehicle loan agreement;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [type of punishment] embezzlement (general mitigation elements] in the event that it is not an occupational embezzlement or breach of trust, serious reflectivity [Recommendation Penalty] April-1 year and four months in the basic area;

2. The punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the record, including the absence of criminal records exceeding the same criminal records as the sentence is determined, and the fact that the victim has agreed with the defendant in the original condition and has submitted a written withdrawal of complaint to this court.