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

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

Punishment of the crime

On May 30, 2018, the Defendant was sentenced to imprisonment for four months with prison labor for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at Seoul Western District Court, and the judgment became final and conclusive on December 21, 2018.

The Defendant is a person who operated the “Cske golf” in Ansan-si, a member B.

On August 27, 2014, the Defendant provided 6 units of “g-based non-electric screen golf system” established in a “Cske golf” business establishment, which is located in the victim G Co., Ltd., with a loan of KRW 200 million from the F Notaries Joint Office located in Ansan-si, Ansan-si, and the Defendant provided 6 units of “Gske golf system” as security for transfer.

The defendant had a duty to keep the screen golf system that was provided as a security for transfer and not to dispose of it at will until he pays the money borrowed to the victim.

Nevertheless, on February 26, 2016, when the Defendant did not repay the loan principal of KRW 46,44,531, the Defendant violated the above duties and transferred the said “Cske golf” to H in KRW 375 million, including 6 units of “gym-type light golf system” provided as security for transfer at the said establishment as above.

Accordingly, the Defendant, in violation of his duty as a person who created the security for transfer, sold the said object of security for transfer, acquired financial benefits equivalent to the principal amounting to KRW 46,44,531 as of November 12, 2018, and sustained damages equivalent to the same amount by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A complaint, loan agreement, notarial deed of monetary loan for security for transfer, and transfer or takeover contract;

1. Investigation report (the representative of the current Cske golf course and the H examination);

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the relationship between the latter and latter), copies of relevant judgments, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. To treat concurrent crimes;