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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, who had operated a rubber company with the trade name of “C” in Busan, was supplied with rubber raw materials from the victim E, who operated the rubber raw materials selling company with the trade name of “D”.

On February 12, 2014, the Defendant agreed to pay 100 million won to the Defendant’s injured party’s existing goods payment obligation from February 12, 2014 to February 12, 2016 in the manner of supplying the rubber produced by the Defendant to the injured party from February 12, 2014 to repayment of the substitute goods from time to time, and provided 14 machinery listed in the daily list of crimes listed in the Defendant’s ownership as collateral and decided to use and profit from the Defendant by means of occupancy revision.

After that, the Defendant closed the above C business on March 2016, and continued to use the machines of 6 units, such as the presses (70 x 1100) No. 4 and No. 3 of the machines listed in the presses (450 x 450 x 450) No. 2 of the machines listed in the table of crimes No. 2 of the attached Table No. 450, and the machinery of 700 x 1100, and the rest of 8 units of the machines was moved to the “J” in the operation of the I located in the Busan Gangseo-gu.

In such cases, the defendant has a duty to use and take profits from the above machinery within the scope of the security purpose until he/she fully pays the above goods price obligation, and to maintain and manage the machinery so that the victim can achieve the security purpose.

Nevertheless, the Defendant violated the above duty and caused I, not aware of the fact, to dispose of the above six parts of the machinery, which was kept in the vicinity of the beer village, to a person who was not aware of the fact without paying the full amount of the price of the said article, thereby obtaining pecuniary benefits equivalent to the value thereof, and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. The trading ledger, the total of eight photographs of machines;