A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 24, 2012, the Defendant: (a) purchased one MaN Dump truck in the coffee shop in the name of the Defendant; and (b) purchased one MaN Dump truck in the name of the actual operator D; and (c) borrowed KRW 386,00,000 from the victim non-Esp Capital to cover the purchase price of the truck; (b) on June 1, 2012, the Defendant secured the said B truck with a mortgagee’s right to collateral amount of KRW 193,00,000; and (c) on June 11, 2012, registered a collateral security establishment with the mortgagee’s victim, the secured debt amount of KRW 193,00,000,000, respectively; and (d) on June 11, 2012, the obligation to keep the said 2 truck by the time the loan is repaid.

On March 19, 2013, around 19:00, the Defendant violated the above duties, and transferred two of the above truck to a person who was unaware of his name at the entrance of an influorial garbage site located in Songtan-si.

As a result, the Defendant acquired property benefits equivalent to KRW 386,00,000, and the victim suffered damages equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. 각 할부금융신청서, 각 변제스케쥴, 각 건설기계등록원부, 사업자등록증 법령의 적용

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing sentencing guidelines: Not less than 100 million won but less than 500 million won (type 2): In cases of general mitigation factors, not occupational breach of trust, one year to three years in the basic area; and

2. Although the Defendant’s liability is not minor in that the amount of breach of trust determined to be sentenced is a large amount, the Defendant’s total recognition of the crime and reflects all of the crimes, the truck was recovered to be appropriated for partial repayment, and each truck’s security value is KRW 100 million, and each truck is KRW 68,61,410.