A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who had operated a PC room in the name of “C” in the former Northern-gun B.

On March 10, 2016, when the Defendant obtained a loan from a savings bank in the name of KRW 95 million for the operation of the PC, the Defendant was obligated to keep the said movables in order for the Defendant to achieve the purpose of security until the repayment of the loan, on the ground that the Defendant offered a security for transfer of all the movable property, such as the computer 51 feet, 50 feet, PC room, 50 feet, gro-conditioning, and gro-conditioning, which were installed in the above PC for the purpose of securing the obligation.

Nevertheless, the Defendant violated his duty to preserve the secured object water due to the difficulty in the operation of the said PC and received KRW 31,283,000 from D on March 16, 2017 from the above PC room and sold the said movable property at will.

As a result, the Defendant acquired property benefits equivalent to KRW 31,283,00 of the market price of the above movables, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes of a credit transaction agreement, a transfer security agreement, a pledge establishment agreement, a written inquiry about closure of business, and an inquiry about reimbursement;

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. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area of the recommendation [the scope of the recommended punishment] that there is no type 1 (less than KRW 100 million) (the amount of less than KRW 100] (the decision on the recommended area] (the scope of the recommended punishment] four months to one year and four months.

3. The defendant, who was sentenced to punishment, has sold to another person various parcels of houses within the PC room, the object of which was the security, and has breached his duty to keep or maintain the security for the creditor, and the total amount of the loan reaches KRW 95 million, etc., and the details of the crime are considerable.