A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who operated a signboard producer with D trade name in Nam-gu Incheon Metropolitan City C.

On January 29, 2013, the Defendant borrowed KRW 20 million from the victim E at the attorney-at-law office located in Nam-dong, Incheon, Nam-dong, 270-30, and offered the victim E as security the "S sculptures" amounting to approximately KRW 20 million at the market price owned by the Defendant. The Defendant drafted a notarial deed of money loan contract for security transfer for the victim with the content of transferring the above sexS to the victim for transfer.

However, even though the Defendant had a duty to keep the “sexual TS sculptures” that was provided as security to the victim until he fully repaid the principal and interest borrowed by the Defendant under the said loan contract for consumption of money on the security deposit, the Defendant violated his duty and provided F with the said “sexual TS sculptures” in the above D as a repayment for debt, thereby causing property damage equivalent to KRW 20 million to the victim.

Summary of Evidence

1. Statement to E by the police;

1. Complaints, deposits without passbooks;

1. Application of Acts and subordinate statutes on notarial deeds;

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

1. As to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act suspended execution, the Defendant and the defense counsel asserts that the obligation to deliver the transferred movable property to the victim constitutes one’s own business

In a case where a debtor transfers movable property owned by him/her to a creditor by possession or alteration in order to secure a pecuniary obligation, it shall be deemed that the so-called weak security was established. Therefore, the debtor is obligated to keep the movable property in custody so that the creditor can attain the purpose of security, and becomes in the position of a person who administers his/her business against the creditor. Thus, the debtor's disposal of the movable property transferred for security is improper.