A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

around July 30, 2014, the defendant operated in the office of the victim C in Gwangju-gu, Nam-gu and the defendant operated.

DMW vehicles (E) owned by Do Co., Ltd. are provided as security to the victim and operated by the victim, but 10 million won was borrowed from the victim on condition that the above vehicle is sold and repaid.

On August 14, 2014, the Defendant: (a) entered into a transfer agreement for the said vehicle and a transfer agreement for the FCF golf club golf membership (which is equivalent to KRW 30 million) owned by the Defendant; (b) provided the said vehicle and golf membership as security; and (c) additionally borrowed KRW 20 million from the damaged party; and (d) agreed to repay KRW 30 million in total to the said person by October 13 of the same year.

Accordingly, the defendant has a duty to keep and manage the above golf membership in accordance with the purpose of security.

Nevertheless, on December 2014, the Defendant violated his duties, sold the said golf membership to the above golf club in violation of his duties for KRW 24.5 million, and used the said money from the D Co., Ltd. office located in the 205 building of the 205 building of the Y-gu Seoul Metropolitan City.

As a result, the defendant acquired financial benefits equivalent to KRW 24.5 million in the golf membership price and suffered losses equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to C by the police in the protocol; and

1. Application of the respective Acts and subordinate statutes to file a complaint, a certificate of confirmation of transfer, a money borrowed, a golf membership transfer contract, and a vehicle transfer contract;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act does not specify the amount of breach of trust, and the defendant has three previous offenses (one suspended sentence and two fines).

However, the defendant is the victim.