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

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

Punishment of the crime

On June 19, 2015, the Defendant offered as security all of the aforementioned PC integrations, including 75 key parts and monitors of the Defendant’s computer owned by the Defendant, and 70,000 won, on the condition that the Defendant shall pay the principal and interest for 24 months each month at an interest rate of 14.5% per annum from the savings bank, and 2,750,000 won per annum from the savings bank.

In such a case, the defendant had a duty to maintain and manage the above PC unit, such as the main body of the computer, which is the object of security, without voluntarily disposing of it so that the victim can achieve the purpose of security until he fully redeems the loan.

Nevertheless, on May 20, 2016, the Defendant did not repay the full amount of the loan in violation of the above duty and sold the entire PC room room, such as the main body of the computer, which is the object to be transferred, to E by selling the whole amount of the PC room at KRW 60,000,000, and acquired economic benefits equivalent to the same amount, and suffered damage equivalent to 32,971,197 won to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to accusations, copies of loan applications, copies of credit transaction agreements, and copies of transfer security contracts;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Type 1 (40 million won or less) of the basic area (4-10 million won or less) [No person subject to special sentencing] / [decision of sentence] 5 months of imprisonment, 1 year of suspended execution (the defendant is divided into his/her mistake in fact) . Although the balance of the loan has not been fully repaid until now, the defendant has recently expressed his/her intention to make a change in his/her employment, and the defendant has no record of crime in addition to the one-time fine.