A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Around June 25, 2015, the Defendant was given a loan of KRW 135,00,000 from the Victim B Bank, and entered into an agreement with the Defendant to provide the victim as collateral for transfer in order to secure the above loan obligation, one unit of CNC (L300C value of KRW 148,50,000) (L30,000), which is movable property owned by the Defendant. Therefore, the Defendant was obligated to maintain the security value of the said machinery for the victim in an adequate manner.

Nevertheless, around July 2018, the Defendant suffered damages equivalent to KRW 60,319,160 of the remaining amount of the obligation to the victim by disposing of the said machinery, which was provided as security for transfer, to E without the consent of the victim, and thereby damaging the security value by disposing of it.

Accordingly, the defendant acquired property benefits by violating the duty to preserve the security value of the transferred property as a person in charge of the affairs of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a complaint (including documents attached to a contract for transfer security);

1. It is so ordered as per Disposition, in full view of all the circumstances surrounding the instant case, including the pertinent legal provisions on criminal facts, Article 355(2) and (1) of the Criminal Act regarding the choice of punishment, the fact that the amount of damage caused by the reason for sentencing of imprisonment, the agreement or actual damage is not yet recovered, and the Defendant’s depth is against each other.