A defendant shall be punished by imprisonment with prison labor for up to 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

On April 2, 2013, at the office of “C” located in Gwangju-si B on April 2, 2013, the Defendant, while purchasing the soft machine under the name of his/her father D, received a loan of KRW 47,400,000 from the victim double Capitals Co., Ltd., and agreed to repay the loan in installments for 48 months. On May 6, 2013, the Defendant registered the creation of a collective security right with the mortgagee, Co., Ltd., Ltd., 200 won for the said loan as a collateral for the said loan. As such, until the repayment of the loan was made, the Defendant had the duty to keep the said so digging machine for the purpose of collateral security.

Nevertheless, around July 2014, the Defendant sold the above so-called so-called so-called so-called so-called so-called so-called 13 million won to the so-called so-called so-called so-called so-called 13,00,000 won to the so-called so-called c

Accordingly, the Defendant acquired the pecuniary benefits equivalent to KRW 13 million, and the Defendant inflicted a property loss equivalent to KRW 41,092,316 on the remainder of the loan to the two capitals Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police officer in G; and

1. Application of Acts and subordinate statutes, such as a complaint, copy of installment financing agreement, construction machinery register, request for return of securities, detailed inquiry about details of arrears, and details of deposits;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] Type 1 (100 million won) (one month or ten months) (special mitigation person] in the area of mitigation (one month or ten months) of the Criminal Act, where significant damage is recovered [the decision of sentence] imprisonment for six months, the period of suspension of execution is against the defendant for two years, and the victim and the victim do not want the punishment of the defendant by mutual consent with the victim shall be considered;