A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant is a person who was engaged in the production, etc. of a singing counter in the name of “C” in the door-to-door.

On June 23, 2006, the Defendant entered into an agreement with the victim through E to provide the victim with machinery, such as a vertical and horizontal dedicated machine of approximately KRW 20 million in the market price owned by the Defendant in the above Defendant’s workplace, for the purpose of securing the outstanding amount of KRW 60,752,700,000 for the material price of the victim D at the law office in Daegu-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, 58.

Therefore, according to the security agreement, the defendant faithfully keeps and manages the above machinery provided as security, and there was a duty to not dispose of it without permission of the victim.

Nevertheless, on December 201, the Defendant violated his duties and transferred the said machinery to creditors, such as F, under the pretext of repayment of the Defendant’s obligation, in violation of his duties, and made the creditors obtain approximately KRW 20 million which is the market price of the said machinery, and suffered property damage equivalent to the said amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] 1 (100 million won) basic area (4 to 14 months) / None [decision of sentence] / The defendant has no criminal record of the same kind / The decision of sentence / The defendant has no criminal record of the same kind / The amount of damages of this case, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime, etc.