A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On May 16, 2016, the Defendant borrowed from D, the representative director of the said company, to around September 2016 through August 36, 2019, KRW 20 million under the condition that the loans be repaid in installments for 36 months from September 2016 to August 2019, and created a mortgage on concrete mixed trucks with E business license plates (F) with the mortgagee Co., Ltd. and bonds value of KRW 26 million. As such, the Defendant had the duty to preserve and manage the said mixed trucks, the object of the right to collateral security, for the victim until the purpose of the right to collateral security is realized, such as repayment of the principal and interest of the loan.

Nevertheless, even though the Defendant was unable to repay the borrowed money from September 2016, the Defendant: (a) sold the mixed truck’s business license plate for KRW 15 million to G, which was removed from the closed land on July 11, 2016; (b) notified the victim of such fact; or (c) did not obtain the consent of the victim to sell the license plate for business use; (d) neglected the mixed truck to the public land located in the Kacheon-dong in the following cities, thereby avoiding contact with the victim; and (e) did not inform the victim of the location and condition of the mixed truck, thereby making it difficult or impossible for the victim to exercise the right to collateral security.

Accordingly, the defendant acquired property benefits equivalent to KRW 15 million and suffered damages equivalent to the same amount from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning the registration ledger of construction machinery, investigation report (to the counter party statement hearing by the complainant), accusation sheet, contract for transportation of ready-mixed, and contract for the establishment of right to collateral security;

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 sentencing under Article 62(1) of the Criminal Act is that the damage to the victim has not been properly recovered.