Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant, from May 2016 to July 2018, is a person who operated the “DPC room” located in the Seoul Special Metropolitan City of the Jeonsi-gu.

On May 12, 2016, the Defendant: (a) borrowed KRW 75,00,000 from a savings bank in the Bank of Korea to the Dispute Resolution Co., Ltd.; and (b) entered into a contract with the Defendant to transfer all of the computer units 61 units, monitors 61 units, 59 sets, air conditioners, 2 sets, and equipment to be installed in the PC for the purpose of securing the obligation of the loan.

Therefore, the defendant had a duty to keep and manage the security in accordance with the purpose of the contract so that the security rights of the victim may not be infringed by the due diligence of a good manager until the repayment of the loan is made.

Nevertheless, the Defendant had the intent to sell a security without the consent of the victim because the operation of the PC room is difficult. On March 31, 2018, in violation of the above duties, the Defendant sold the said security to a male who cannot know his name in the amount of KRW 22,00,000 without paying the principal and interest of the loan in the PC room around March 31, 2018.

Accordingly, the Defendant acquired property benefits equivalent to KRW 17,469,722, which are the remaining collateral value of the above collateral, and suffered damages equivalent to the same amount by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of credit transaction agreements, process deeds, transfer security contracts, and tax invoice Acts and subordinate statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is the case where the Defendant committed a breach of trust equivalent to KRW 17 million in consideration of the amount of damage, etc. by disposing of computers, etc. in the PC room which is the object of the security contract and thereby damaging the value of the security.