A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On November 19, 2013, the Defendant purchased E 25.5 tons dump truck (HD255-YU0-DHEC, and chassis number F) in the name of the KG company in charge of the settlement of accounts, and received 120,000,000 won as a condition of equal repayment of principal and interest between 10.9% and 48 months from the victim Ariju Capital Co., Ltd. and paid the said vehicle as the price for the said vehicle, and around November 20, 2013, the mortgagee was the victim and the bond value was 84,00,000,000 solely for the said vehicle. Accordingly, the Defendant had the duty to preserve and manage the said dump truck, which is the object of the right to collateral until the said purpose is realized, such as repayment of the principal and interest of the above loan.

Nevertheless, the Defendant violated the above duty and began to pay monthly contributions from December 20, 2014, but around that time, the Defendant sold the number plate for the business of the above vehicle to the person with no name, and did not inform the victim of the fact, but neglected the above dump truck to the road without a number plate, and did not inform the victim of the location and condition of the dump truck, thereby making it difficult or impossible for the victim to exercise the right to collateral security by failing to inform the victim of the location and condition of the dump truck.

As a result, the Defendant acquired property benefits equivalent to KRW 84,00,000, and caused the same damages to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (to listen to the statement by the business owner of the I company), investigation report (to listen to the statement by the representative of theG (owner) and the representative telephone of the I company);

1. Part of the register of construction machinery;

1. Application of Acts and subordinate statutes to an application for debate

1. The relevant statutory provisions of the Criminal Act and Articles 355(2) and 355(1) of the Criminal Act regarding criminal facts as well as the grounds for sentencing, and other conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.