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

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

Punishment of the crime

[criminal power] On February 7, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for embezzlement at the Suwon District Court on June 2017, and the said judgment became final and conclusive on December 15, 2017.

【Criminal Facts】

Around April 25, 2012, the Defendant purchased a 40Az KONer (D, vehicle price of KRW 10.2 million) necessary for transportation business while operating a transportation business entity C in Jung-gu Incheon, Jung-gu, Incheon, and set up a right to collateral security on the said vehicle by borrowing vehicle fees from the victim E, and around the 7th day of the same month and around the 8th day of the same month, the Defendant purchased a 6x2 Ecker (F, vehicle price of KRW 97 million), Scker (G, vehicle price of KRW 53 million), “Scker Tracer (G, vehicle price of KRW 53 million),” and set up a right to collateral security on each vehicle from the victim Sczer (H, vehicle price of KRW 9.9 million) to repay each loan for 48 months.

On August 2013, the Defendant interfered with the legitimate exercise of the security right of the victim company by disposing of the above vehicles at will without the consent or approval of the victim company and concealing them under the circumstance that only some of the loans to the above vehicles (Korean 40A KON 5,084,581 won, 46,294,549 won, Switzerland 20,583,581 won, Switzerland 36,938,872 won) are repaid.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness J;

1. Statement to the Prosecutor's Office;

1. Each police statement of K and L;

1. Each complaint;

1. Evidential materials submitted by each complainant;

1. Making records and reporting of records;

1. Before judgment: Application of the Act and subordinate statutes concerning criminal records and reference materials (case agreement assistant session, and final and conclusive judgment of 17 order7032) dated July 18, 2019;

1. Article 323 of the Criminal Act and Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.