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

Punishment of the crime

On June 3, 2014, the Defendant borrowed only 12,000 million won from the victim D at the office located in Gunsan-si, Si around April 27, 2015, and the notary public, at the same time, at the joint law office located in Gunsan-dong, Dong-dong, Dong-dong, 884, entered into a security agreement on the transfer of five agricultural machinery and one freight truck owned by the Defendant with respect to the above borrowed money at the joint law office in Gunsan-si.

Until the Defendant repaid the borrowed money to the victim pursuant to the contract, the Defendant kept the agricultural machinery and equipment provided as a security for transfer and did not dispose of it at will.

Nevertheless, on November 2015, the Defendant violated the above duties and transferred LG Twit (T6070 135 E) KRW 70 million to E instead of paying the unpaid LG Twit (TM 150 E) and 1 international Twit (K100) around December 2015, the Defendant transferred F, instead of paying the unpaid amount of KRW 41 million in total, and KRW 5600, F560 to G, instead of paying the unpaid amount of KRW 20 million.

As a result, the defendant acquired property benefits equivalent to about KRW 130 million in total of four agricultural machinery and suffered damage equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on a copy of a process deed;

1. The relevant legal provisions on criminal facts, Articles 355(2) and (1) of the Criminal Act, the grounds for sentencing of imprisonment for sentencing, the fact that there is no history of punishment heavier than the fine, the total sum of the proceeds of the agricultural machinery disposed by the Defendant is KRW 131 million, but the actual amount of damage is much less than that of the victim, rather than the disposal of the agricultural machinery actively offered by the Defendant, and the fact that the selling company, who did not receive the remaining costs of the agricultural machinery, did not take advantage of or neglected the recovery of the agricultural machinery. It is agreed with the victim.