A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the actual operator of “D” (hereinafter referred to as “D”) in Pyeongtaek-si C.

On June 15, 2015, the Defendant borrowed KRW 1600,000,000 from the victim F Co., Ltd. in order to purchase ten vehicles to move from the victim F Co., Ltd. using the name, the representative director, in the name of the above “D,” and paid 2,713,950 per month for repayment period, and paid 10,000,000 won per month. However, the Defendant offered the above-mentioned vehicles to the victim as collateral for the purpose of securing the above loan obligation.

On November 27, 2015, the Defendant continued to receive a loan of KRW 165 million from the above victim to purchase more than 20 units of the 20 units of the 20 units of the 4,224,50 won per annum and the repayment period of KRW 10.5% per annum, and each 4,224,50 won per month for 48 months, and the above 10 units of the 20 units of the 20 units of the 20th unit of the 20th unit of the 20th unit of the

As above, the Defendant received a total of KRW 271 million from the victim, and thus, the Defendant had a duty to manage the said vehicles in good faith so that the Defendant can achieve the purpose of the security.

Nevertheless, the Defendant violated the aforementioned duties, thereby unfairly decreasing the security value of the said vehicle by arbitrarily selling the said vehicle to (State) H located in Pyeongtaek-si from June 2018 to September 201 of the same year, thereby acquiring pecuniary benefits equivalent to KRW 60 million and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each written agreement of installment financing, each contract of transfer for security, and written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of sales proceeds forkeep);

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act