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

Punishment of the crime

On December 16, 2015, the Defendant offered PC 75 feet (including this body, monitor, peripheral devices), books, and two air conditioners installed in the above PCs as collateral, and agreed that the Defendant occupies and uses PC 75 feet (including this body, monitor, peripheral devices), two air conditioners as collateral, and two air conditioners in the name of the PC room, e.g., a savings bank and loans of KRW 85 million, and credit transaction agreements with June 20, 2018.

In accordance with the above agreement, the defendant was paid 85 million won to the victim company for loans and set up a collateral for transfer of all the above movable property. Thus, the defendant had a duty to preserve and manage the above movable property, which is a collateral, until the purpose of the above transfer collateral is realized, such as repayment of loans to the victim company in accordance with the collateral agreement.

Nevertheless, on April 13, 2017, the Defendant violated his duties and disposed of the whole of the above movables to the seller of the PC, who was in an infinite name and infinite, with the total amount of KRW 70,000,000, and acquired financial benefits equivalent to the same amount, and caused financial damage to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of each statute in a credit transaction agreement, a transfer security agreement, and a report on the examination of transfer security;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing choice of sentence [the scope of applicable sentences under the law] 5 years of imprisonment [the scope of applicable sentences ] Of the group of embezzlement and breach of trust crimes, the basic area of punishment / [the scope of recommended sentences / [the scope of punishment less than KRW 100 million] : From April to April 1 year and April / [the general sentencing factors] mitigation factors: In a case that is not breach of trust in the course of business, there is no record of criminal punishment [the determination of sentence] 5 months of imprisonment with prison labor, and there is substantial substantial and substantial damage caused by the Defendant’