A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant was a person who was engaged in dairy farming and was in a transaction with the victim B farming association from January 27, 2010 to January 31, 2013.

On October 10, 2012, the Defendant, at a notary office D in Seo-gu Daejeon, had a duty of care as a good manager, to keep and manage the quota in accordance with the purpose of security, by providing the Defendant’s right to pay friendly to E corporation by means of transfer of the right to pay friendly to the 40 million won of the purchase price of goods that he/she had borne by the victim at the notary office D office in Seo-gu Daejeon, Daejeon, as a security, until he/she fully pays the above debt.

Nevertheless, on December 24, 2015, the Defendant violated the foregoing duties and sold the quota, which is the instant collateral, to a third party through E-stock company at a Sejong E-S Co., Ltd. (hereinafter referred to as the “SP”) in violation of the said duties, thereby obtaining pecuniary benefits equivalent to 80 million won, and causing damage equivalent to 40 million won to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the deed of debt repayment contract with transfer security;

1. The grounds for sentencing under Article 355(2) and Article 355(1) of the Criminal Act regarding criminal facts and Article 355(1) of the choice of punishment [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] No person who has no basic area ( April to January 14 of imprisonment] [the decision of sentencing] [the decision of sentencing] [the defendant's age, sexual behavior, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, etc., shall be determined as per the order by taking into account all the conditions of sentencing as shown in the records, such as the following circumstances and other circumstances below.

The defendant's disposal of the quota offered as a security to cause damage to the victim is not easy, the amount of damage is not so small that the damage can not be recovered at all, and the change plan is not prepared.