A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a person who operates D Co., Ltd. in Ansan-si C.

On August 28, 2014, the Defendant: (a) granted a loan of KRW 59 million from the injured party to purchase the machinery to be used in the factory of the said company at the point of Song-si (320, Pyeongtaek-si), the Defendant offered one of the above machinery to the injured party as security; (b) one of the above-mentioned line of crime (HL 460-15 million) and one of the above-mentioned line of crime (HL 460-1500), the market price of which is equivalent to KRW 34650,000,000,000, to the injured party; (c) as such, there was a duty to keep the said machinery for the purpose of security until all of the above obligation is repaid, and to not arbitrarily remove or sell it at the factory.

Nevertheless, on April 2016, the defendant, in violation of the above duties, sold 2 machinery at the above company's factory to the name Buddhist person who operates the above 39.6 million won and delivered it to the above company.

As a result, the defendant acquired a considerable amount of financial gains from the above sale price, and suffered financial loss equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Complaint;

1. A credit transaction agreement;

1. Application of Acts and subordinate statutes on security for transfer;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [the scope of the recommended sentence] Article 62(1)(the grounds for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [the scope of the sentence] Article 1 of the Act on the Suspension of Execution (10 million won or less] [the person who has been specially mitigated] Article 4(1) of the Act on the Suspension of Execution [the sentence] Article 62(1) of the Act on the Suspension of Punishment and the Restoration of Punishment, or where significant damage has been restored [the sentence]: (a) the extenuating circumstances such as the considerable amount of damage inflicted on the case: confession, reflectivity, and there is no record of criminal punishment