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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who has operated a motor vehicle parts company under the trade name of "G" from the Daegu Western-gu F.
On April 6, 2012, the Defendant entered into a contract for general loan transactions of which KRW 150,000,000 is borrowed from the victim Daegu Bank from the victim Daegu Bank at a branch of Seongbuk-gu Busan Bank, Daegu Bank on April 6, 2012, and concluded a contract for general loan transactions of which the sum of the appraised appraised amounting to KRW 168,441,000 in total used in the above “G” for securing all obligations owed as a result of the above and the future loan transactions was transferred to the victim as collateral. On September 6, 2012, the Defendant concluded a contract for general loan transactions of which KRW 64,00,000 is additionally borrowed from the victim at a branch of the Daegu Bank from the victim.
Therefore, the Defendant, as the transferor collateral, had the duty to keep the above collateral until the time of repayment of the loan amounting to KRW 214,00,000 in order for the victim to achieve the purpose of the collateral.
Nevertheless, the Defendant violated the above duties and subsequently repaid only 32,800,000 won out of the above loans. On December 27, 2015, the Defendant sold 2 presses in the factory of “G” for KRW 36,000,000, and on May 1, 2016, sold 7 presses and 1 presses for 135,000,000 won in the above factory, the Defendant acquired financial benefits equivalent to the total market value of KRW 168,441,00,00 in total, and the victim suffered financial losses equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of transfer collateral contract (Evidence No. 13 through 22 pages), credit transaction agreement (Evidence No. 23, 24 pages) and other Acts and subordinate statutes;
1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;
1. The reason for sentencing of selective sentence of imprisonment with prison labor / [the scope of recommending sentence] The basic area (one year to three years) of the type 2 (one hundred million won or more or less to five hundred million won).