A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant, at around July 22, 2013, offered the CNC 200,000 won as security in the amount of KRW 250,000 from the Victim Small and Medium Business Corporation (the annual interest rate of 4.06%, and the payment terms in installments for 2 years) and offered the CNC 200,400 won as security in the amount of KRW 1 and 60,060,00,00 in the amount of KRW 200,40,000. As such, the Defendant provided the CNC 200 B of the Model DK 200,000 in the amount of KRW 380,00 in the amount of KRW 1 and 60,00,00 in order for the victim to achieve the purpose of the security.

Nevertheless, the defendant violated the above duties and sold the same amount of money to E Company F in amount equivalent to KRW 46,20,00,000 by selling in violation of the above duties to E Company F, which was kept in its custody at around January 23, 2014, the defendant acquired financial benefits equivalent to the above sales amount and suffered damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint, letter of loan agreement, written agreement on security for transfer, written confirmation of the authenticity of transfer, and ledger for loan management;

1. Application of the Acts and subordinate statutes on delivery of documents (Attachment of Contracts for Sale of Goods);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the scope of recommendations] No person who has no basic area (4 to 100 million won) [4 months to 100 million won] [the person subject to special sentencing] [decision of sentence] since the defendant arbitrarily disposed of the machinery provided as security and suffered a large amount of loss to the victim, the crime is not light: Provided, That the execution of the sentence is suspended on the condition of community service order, taking into account the following: (a) the defendant was not subject to a previous offense except for the one sentenced to a fine once due to drinking driving; and (b) he made efforts to deposit KRW 10 million in this court; and (c) the defendant made his own effort to perform damage, such as deposit of KRW 10 million;

(b)the age, sex, family environment, and motive for committing the offence of the accused.