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

The Defendant is a person who is engaged in the storage business of goods with a container called “D” in Daegu-affiliated District Court C.

Around March 5, 2014, the Defendant: (a) borrowed KRW 40 million from the victim E to the Agricultural Cooperative account in the name of the Defendant, on the condition that “the maturity shall expire on March 5, 2015; (b) the interest shall be paid at 30% per annum on the 5th day of each month; and (c) 21 of the Defendant’s container owned by the Defendant, which is kept in the said D, shall be transferred as security by means of possession revision; and (d) borrowed KRW 20 million from the damage on the same day to the Agricultural Cooperative account in the name of the Defendant.

Therefore, even though the Defendant has a duty to keep the above container with due care as a good manager in order to enable the victim to achieve the purpose of the security until he/she repaid the above borrowed money, the Defendant transferred the container to F as a substitute for payment, in violation of his/her duty, in order to demand the payment of 30 million won from F, another creditor, to F, even after the end of July 2015.

As a result, the defendant violated his duty and caused the victim to suffer a loss equivalent to KRW 20 million paid as a loan within the limit of KRW 40 million in the market price of the container and acquired property profits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with and the fact that there is no criminal record heavier than the same criminal record or fine) ;