A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 6, 2012, the Defendant was sentenced to one year of imprisonment with prison labor at the Changwon District Court for fraud, etc., and the said judgment became final and conclusive on the 14th of the same month.

From the beginning of 2008 to the beginning of 2011, the Defendant operated D, a pipeline and control company, in the Haban-gun C.

Around July 24, 2009, the Defendant: (a) prepared a notarial deed of a loan for consumption of money by means of transfer between the victim G, who borrowed KRW 50 million to himself/herself at a notary public F office located in Yongsan-gu, Changwon-si; and (b) offered KRW 7-28,000,000,000 in total market price of the above D factories to the victim as security; (c) the above loan was fully repaid and the contract for transfer was terminated; (d) on November 201, 2010, the Defendant had a duty to keep the above machinery for the purpose of security until the contract for transfer was terminated; (e) around the above factory rent and the monthly salary of the employees for the above factories and the monthly salary of the said employees were settled for the last month; and (e) when the above machinery management was neglected, the obligee’s failure to dispose of it and realize the claim for payment of the above machinery; and (e) did not fully violate his/her duty to manage the machinery.

Accordingly, the defendant suffered property profit equivalent to 96 million won in total of the market price of the above machine and suffered loss equivalent to 51.5 million won in borrowed money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

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 latter part of Article 37 of the Criminal Act dealing with concurrent crimes;