A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 3, 2017, the Defendant borrowed KRW 1100 million from the victim D at a notary public C office located in Jinju-si B on April 3, 2017 from the victim D, and entered into a loan for consumption of money with collateral, which provides that ten of the CNC lines owned by the Defendant shall create a security for transfer to the victim. As such, the Defendant had the duty to faithfully manage the said security in order to achieve the purpose of the security.

Nevertheless, on February 2018, the Defendant violated his duties, and sold at one’s own discretion 56 million won the CNC first to the CNC secondhand trading in the name of Changwon-si, and at the same place around April of the same year, sold at the same time 56 million won to the CNC secondhand trading in the same place.

Accordingly, the defendant acquired property benefits equivalent to KRW 18 million and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of notarial deed, a detailed statement of entry and withdrawal, and application of Acts and subordinate statutes to investigation reports (for sale of damaged articles);

1. Relevant provisions of the Criminal Act and Articles 355 (2) and (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment, and the reasons therefor;

1. The scope of embezzlement and breach of trust according to the sentencing guidelines (type 2) shall be at least one hundred million won, the basic area, one year to three years, and imprisonment;

2. Determination of sentence - Determination of sentence - Large amount of damage and almost little amount of damage recovery - the victim shall receive scrap metal equivalent to 20 million won. There shall be no history of punishment for the last twenty years;