A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Punishment of the crime

"2018, 57"

1. Around July 10, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) entered into a contract with the Defendant as the representative director of the Company B, and the said Company B, together with C, to lease 100 won of imported carra from the Victim D Co., Ltd. to KRW 8 million per unit rent. Around July 10, 2017, the Defendant paid KRW 90 million as the down payment and paid the balance KRW 710 million as the down payment and paid in full until January 31, 2018.

On September 15, 2017, the Defendant assumed office as the representative director of E, a special purpose corporation, to carry out the business related to the car group, and the said corporation E succeeded to the lease obligation to the victim company B and C.

However, even though the defendant was supplied with 100 carrabs from the victim company, the defendant did not pay the balance of 710 million won on the agreed date.

Accordingly, the Defendant concluded a contract on the transfer of movable property with the victim company by e-mail around February 1, 2018, stating that the Defendant concluded a contract on the transfer of movable property (i.e., providing the victim company with 110 Korean carra Ban, the Defendant owned by the Defendant as security and prohibiting any voluntary disposal of KRW 710,000,000,000). Thus, the Defendant had a duty to keep the transferred property without reducing the value of the security by not voluntarily disposing of the transferred property so that the victim

Nevertheless, from March 7, 2018 to March 31, 2018, the Defendant voluntarily disposed of at least 678,062,50 of the 110 Kalars, which are owned by the Defendant and offered as security, in total, KRW 34 out of the 110 Kalars, which are owned by the Defendant, and acquired property benefits equivalent to the same amount and sustained damage equivalent to the same amount as the victim.

2. On March 28, 2018, the Defendant, in breach of trust, arbitrarily disposed of the transferred property, such as the statement in paragraph (1), sold the carbed owned by the Defendant, which was offered as the transferred property to the victim company, and then sold the price to the victim company.