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

On September 30, 2013, the Defendant purchased 39 million won, part of the purchase price, from a new bank after obtaining a payment guarantee from the victim C office operated by the victim C, and entered into a contract to provide the above compacter with the victim as security for transfer until full payment of the loan is made.

Therefore, the defendant had a duty to faithfully keep and manage the above compacter so that the victim can achieve the purpose of the transfer for security.

Nevertheless, the Defendant violated the above duties and sold the compact in violation of the above duties to the Defendant’s house located in the F in Sungsung-si around March 2014, after receiving KRW 24 million from the Defendant’s house in the name of the deceased, thereby obtaining pecuniary benefits of KRW 24 million from the proceeds of sale and causing damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes governing notarial deeds of loan for consumption by means of transfer;

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

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. According to Supreme Court en banc Decision 2014Do363 Decided August 21, 2014, Supreme Court en banc Decision 2014Do3363 Decided the gist of the argument, the Supreme Court held that the obligation under the terms and conditions of the agreement constitutes one’s own obligation, barring any special circumstances, to which the obligor is obliged to perform in accordance with the terms and conditions of the agreement to transfer the ownership of the real estate to the obligee in the future. In light of such a decision, the Defendant, a security interest in movable property, is the “person who administers another’s business.”