A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operated a closed tent compressed Factory with the trade name of “C” in Kimpo-si, Kimpo-si.

On October 6, 2014, the Defendant borrowed 20 million won from the ELS office at Kimpo-si, Kimpo-si, Kimpo-si, a notary public who borrowed 20 million won from the victim D, and set the payment deadline on January 5, 2015, and provided three compressed-dong, which was kept in the above factory, to the victim as collateral for the transfer of the above loan claim.

As above, Defendant 1 provided three of the above compressed machines to the victim as a collateral for the transfer of borrowed money. As such, Defendant 1 had the duty to keep and manage the above compressed machines in good faith so that the victim can exercise his/her security right.

Nevertheless, the Defendant violated the above duty and transferred at will to E two compresseds on the condition that he is exempted from the obligation of KRW 12 million without the victim’s consent on December 2014. On April 2015, the Defendant transferred at will one of the compresseds to E on the condition that he is exempted from the monthly rent of KRW 4 million.

As a result, the defendant in violation of his duties acquired property benefits equivalent to KRW 16 million, and suffered property damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on execution clause, such as an application for auction of movables, process deed;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the crimes of embezzlement and breach of trust, the types of Class 1 (less than KRW 100,00) (the scope of the recommended punishment] shall be punished by imprisonment for four months to one year and four months (the basic area);

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;