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Defendant shall be punished by a fine of three million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
On March 26, 2013, the Defendant: (a) borrowed KRW 20 million from the injured party (interest amounting to KRW 400,000 per month and due date of repayment on December 31, 2013) from the E Company office operated by the victim D on March 26, 2013; and (b) transferred EX 350,000,000,000 market price to the Defendant as security.
Since the Defendant provided the Defendant’s property as above as collateral to the victim, the Defendant breached his duty to preserve the object of transfer-backed security until the victim repaid the borrowed money, and then sold Y 350 Y 350 amblings at the F plant operated by the Defendant in Gyeong-gun, Gyeongnam-gun, Gyeongnam-do on the spring date of springing 2015.
As a result, the Defendant violated the duty of the transferor collateral, thereby acquiring pecuniary benefits equivalent to KRW 20 million by selling the subject matter of transfer collateral, and causing damages equivalent to the same amount to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to G and H;
1. Complaint;
1. Certificates of cash borrowing and certificates of custody;
1. Application of Acts and subordinate statutes governing special agreement points;
1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;