Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

On September 5, 2014, the Defendant: (a) borrowed KRW 50 million from the Plaintiff’s wellcom Savings Bank Co., Ltd.; (b) agreed to pay KRW 2.33,00,00 per month to September 5, 2016; and (c) concluded a transfer security agreement on the said loan and interest amounting to KRW 65,00,00 for the said loan and interest, at the same time, provided a total of KRW 50,00,000,000 for the PC owned by the Defendant and related facilities in the said bank.

As seen above, the Defendant provided the victim with the object owned by the Defendant as a security for transfer, and on January 28, 2015, the Defendant sold PC 50 and related facilities totaled KRW 12,30,000,00,000 to the business entity, “PCg”, which was offered as a security for transfer, to the Plaintiff, with the duty of due care of a good manager, to preserve the object of transfer for transfer, until he/she fully pays the above loan and interest.

As a result, the Defendant violated the duty of the person who established the security for transfer, thereby acquiring property benefits equivalent to KRW 12,300,000 by selling the said security object, and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement of D and the Acts and subordinate statutes governing the written complaint (a contract for transfer by security attached thereto);

1. Article 355(2) and (1) of the Criminal Act, Article 355(2) of the same Act, the selection of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;