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

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

Punishment of the crime

On March 26, 2013, the Defendant purchased 97,500,000 won from a corporate loan at the victim's Seoul metropolitan headquarters 6-2, 44 od. o. e., the window of Changwon-si, Changwon-si, and offered the machinery as security for transfer to the victim.

The Defendant, in accordance with an agreement on the transfer for security, performed his/her duty of care as a good manager to use, preserve, and manage the said object of transfer for security within the ordinary use or business scope, and even though there was a duty not to reduce the value of the security by disposing of it, he/she did not perform any act of reducing the value of the security, he/she disposed of the said object of transfer for security at the level of 58 million won, in violation of the above duty, from the mutual influent mechanical intermediary in Changwon-si, Changwon-si.

Accordingly, the defendant acquired property benefits equivalent to KRW 97.5 million and suffered property damages equivalent to the same amount from the victim.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Statement of the police statement regarding C;

1. Application of the written complaint, loan agreement, agreement of transfer for security, and mechanical photographic Acts and subordinate statutes;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Reduction area (one month to ten months), mitigation area (special mitigation area) (one month to ten months), no penalty shall be imposed according to the sentencing guidelines;

2. The sentence of this case is not proper in that the crime of this case is committed with the Defendant’s arbitrary disposal of 2nd half machines offered as security for transfer to the victim, and the benefit acquired through the crime of this case is large.

However, if the defendant wishes to commit the crime of this case, the fact that the defendant is against the mistake, the fact that the defendant agreed with the victim only smoothly, the fact that there is no record of the same kind of crime, the age, character and conduct of the defendant, and the victim.