2.Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive;

On June 8, 2010, the Defendant purchased Fenz 24.5 tons of dump trucks from E from June 117,000 at KRW 117,00,00,00 from the victim’s purchase fund to cover the purchase price of the above truck, and took a loan of KRW 83,50,000 from the victim’s purchase fund under the condition that the principal and interest is repaid in equal installments on the 20th day of July 2, 2010, and around July 2, 2010, the Defendant registered the establishment of a collateral security right with the mortgagee’s capital, bond value of KRW 83,50,000 on the above truck purchased by the Defendant as collateral. Thus, until repayment of the loan, the obligation to keep the above truck for the purpose of security arises.

Nevertheless, the Defendant borrowed KRW 23 million from a person whose name is unknown on September 28, 2010 and transferred the truck as security.

Accordingly, the Defendant acquired pecuniary benefits equivalent to KRW 23 million from a person who was unable to know the above name, and incurred damages equivalent to KRW 83,500,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Complaints, certificates of transfer of construction machinery, loan agreements, details of loan payments, construction machinery register, details of receipt of principal and interest;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. The sentencing conditions prescribed in Article 51 of the Criminal Act shall be set as follows: (a) the two types of punishment under Article 62(1) of the suspended execution of the Criminal Act are divided in depth into the Defendant’s mistake; (b) the Defendant only has two previous criminal records of a fine; and (c) the Defendant wishes to repay his/her debt and recover the instant truck; and (d) the sentence shall be set as the order,