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

On November 24, 2010, the Defendant purchased 80,000 won from the victim Aju Capital Co., Ltd. in Daegu-gu Office under the name of the Defendant’s spouse, and purchased 24 tons of D deemeddump truck under the name of E. The Defendant borrowed 80,000 won from the victim to cover the purchase price of the vehicle. On December 6, 2010, the Defendant registered dump truck purchased by the Defendant as collateral and registered dump truck with mortgage creation amounting to KRW 80,000,000 for the mortgagee and the bond amounting to KRW 80,000,000,000 for the secured purpose. Thus, the duty to keep the dump truck until the loan is repaid arises.

Nevertheless, around July 2012, the Defendant violated the above duties and transferred dump trucks to those who were unable to know their names through H at G readjustment plant located in the Hanam-gun F of the Hanam-gun, and became unable to know their whereabouts by receiving KRW 10 million from those who were unable to know their names.

Accordingly, the Defendant acquired pecuniary benefits equivalent to KRW 10 million from a person who was unable to know his/her name as above, and caused damage to the victim’s loan obligations as of March 20, 2013, which was after the date of committing the crime equivalent to KRW 53,627,322.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement of the police statement to I;

1. Application of the agreement on vehicle loan, peremptory notice to the exercise of a mortgage on automobile commuting, certificate of transfer of construction machinery, construction machinery register A, and subordinate statutes;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant has a depth of his mistake, and the defendant has been given a disposition of dump truck by paying the loan principal of KRW 42,275,079, and it does not have a lot of profits acquired directly. The defendant has no criminal records of the same kind or suspension of execution and other criminal records.