A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who has operated a company leasing heavy equipment in the trade name of “B.”

Around July 31, 2012, when the Defendant purchased one of the C C C C C digging season, the Defendant borrowed KRW 38,000,000 from the CF Savings Bank in order to cover the purchase price of the C digging season, and on August 6, 2012, the Defendant completed the registration of creation of a collateral security right with the mortgagee’s above victim company and bond value of KRW 38,00,000 in order to secure the above loan, and occupied the above digging season and was unable to repay the remainder of the loan until December 2012, and thus, there was a duty to keep the said digging season in conformity with the purpose of security.

Nevertheless, around January 2013, the Defendant transferred the above so-called 'Man-kak-kak' to the 'Man-kak-kak' without taking measures such as delivering documents necessary for the registration of transfer of ownership to the bond company in the name of debt repayment in violation of the above duties at the above B office located in Pyeongtaek-si D, thereby making it virtually impossible to exercise the mortgage of the said victim company.

As a result, the Defendant acquired financial benefits equivalent to the amount of debt owed to the above-mentioned bearer bonds companies, and suffered financial losses equivalent to the remaining amount of loan 35,420,982 won to the above victim companies.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. A loan agreement;

4. Construction machinery register;

5. Application of Acts and subordinate statutes to the president of a general loan loan;

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