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

On August 29, 2008, the Defendant, within the “D General Law Office” located in Yangcheon-gu Seoul Metropolitan Building, set the secured debt amount of KRW 50 million by summing up approximately 37 million in the credit rating of the Guluridong Line and interest of 2% per month on the credit rating, etc. to the victim E, and provided the factory machinery listed in the attached list of crimes owned by the Defendant, the total market price of which is equivalent to KRW 113,199,979,979, as security for transfer.

Accordingly, even though there was a duty to keep the above factory machinery in good faith for the victim, who is a mortgagee, until the victim fully performs his/her obligation, the defendant transferred the above factory machinery to a person without personal knowledge around September 2008, in violation of his/her duty, and acquired the same pecuniary benefits, and suffered damage equivalent to 50 million won, which is the amount of the guaranteed obligation, to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Investigation report (Submission of a complainant, preparation of a suspect, a certificate of borrowing funds, and particulars of acceptance articles, and confirmation of the suspect and counter-party of the article taken out);

1. Application of Acts and subordinate statutes on the authentic deed;

1. Relevant legal provisions concerning facts constituting an offense: Article 355 (2) and (1) of the Criminal Act;

1. Suspension of execution: In a case where an obligor transfers movable property owned by him/her to a creditor by possession or revision in order to secure a pecuniary obligation for the conviction under Article 62(1) of the Criminal Act, the so-called “a weak security” is established. Thus, the obligor is in the position of a person who administers his/her business against the obligee by having the obligee (mortgagee) perform the obligation to keep the movable property so as to achieve the purpose of security. Thus, in a case where the obligor unfairly reduced the value of the movable property by disposing of the movable property transferred for security, etc., the crime of breach of trust is established (see, e.g., Supreme Court Decision 2010Do1293, Nov. 25, 2010).