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

On March 3, 2015, the Defendant extended KRW 60,000,00 from the Plaintiff’s well-sustaining Savings Bank Co., Ltd. to KRW 60,360,000 from the Defendant’s “CPC” operated by the Defendant on March 3, 2015. As security for the above loans, the Defendant set up a security for the transfer of KRW 120,00,00,000, total market price of the above PC was 60,360,000.

Although the Defendant had a duty to manage and preserve the aforementioned computer components in good faith so that it can achieve the purpose of securing the victim’s security pursuant to the above agreement, the Defendant violated his duty on September 17, 2015, and thus, even if the amount of unpaid loans to the said victim remains in KRW 52,092,332, the Defendant sold the computer-related goods offered as security at the office “CPC’s office’s name in return for ten copies of membership at a golf course in the market, thereby acquiring property benefits equivalent to the amount of the said amount and causing property damage equivalent to KRW 52,092,332 to the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a complaint or a copy of transfer security agreement;

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

1. The scope of the recommended sentence on the sentencing guidelines that the remaining damage is not recovered after the repayment of the total of KRW 14 million by November 2015, as well as the grounds for sentencing under Article 62(1) of the Criminal Act for the suspension of execution of sentence by November 2015: Imprisonment with prison labor for 4 months - April 1 year and 4 months (the crime of embezzlement and breach of trust, type 1, and basic area);