A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who has engaged in mechanical business in the name of “C” in Daegu Seo-gu B, Seogu.

On May 24, 2011, the Defendant obtained loans of KRW 70 million at Li-dong 1400-6 from Li-ri-dong 1400-6, Seo-gu, Daegu National Bank of Korea, and purchased two of CNC’s line machinery equivalent to KRW 88.6 million in total market price, and provided two of the machinery to the Defendant as a security for transfer on July 7, 201.

Since the Defendant offered his own property as security for transfer, there was a duty to keep the object of transfer for transfer with the fiduciary duty of due care until the Defendant repaid the said obligation to the victim pursuant to the above agreement.

Nevertheless, on July 14, 2012, the Defendant violated the foregoing duties, sold to E (representative: F) one half of the CNC lines offered as collateral for security to E (representative: F) at the office of “C” operated by the Defendant in Daegu North-gu, Daegu-gu, for KRW 29.7 million, and around August 23, 2013, at the office of “C” located in Daegu-gu, Daegu-gu, one half of the remaining CNC lines offered as collateral for security to H (representative: I) at KRW 23 million.

As a result, the Defendant sold the above object of transfer to another person twice to acquire property benefits equivalent to 52.7 million won, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each specification of transactions;

1. A loan guarantee and a guarantee contract;

1. Application of Acts and subordinate statutes to each contract for transfer security;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending sentence] [the grounds for sentencing in favor of one of the reasons for sentencing] Article 62(1) of the Criminal Act [the scope of recommending sentence] that there is no basic area ( April to one year and four months) [the special person] [the decision of sentencing] (the decision of sentencing] unfavorable circumstances: the victim’s damage is not recovered.