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

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

Punishment of the crime

On September 11, 2015, the Defendant entered into a contract with the victim company to lease the instant computer, etc. from the victim company in the form of a lease fee, and the Defendant would pay the principal and interest of the loan amounting to 4,371,200 won each month in the name of the company’s account in the name of the damaged company in the form of KRW 88,32 monitors, and 100 million in the form of a server computer (hereinafter “instant computer, etc.”) to the employees E of this branch Co., Ltd. and the employees E of this company in the proxy chain of the victim C 2.

Since a contract to establish a contract that establishes a transfer security contract, there was a duty to faithfully manage the computer of this case, etc. which is the object of the transfer security and not to transfer or lend it to a third party or provide it as security.

Nevertheless, the Defendant violated the above duties and disposed of the instant computer to the mid-to long-term computer business operator without the consent of the victim company in the above cream room around January 2017.

Accordingly, the Defendant acquired the interest of 65,568,00 won (the total amount of principal and interest to be paid for 4,371,200x 15,17 January 15, 2017) that is secured by the object of transfer collateral, and caused the damage equivalent to the same amount to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F and E;

1. Statement made by the prosecution against E;

1. A contract for facility lease;

1. Application of Acts and subordinate statutes to photographs of leased articles;

1. Article 355 (2) and (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] Type 1 (less than KRW 100 million) is the basic area (from April to January 1) (no person in special sentencing).