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 is a person who operates “D” a mobile phone parts manufacturing business entity in Seo-gu Incheon Metropolitan City.

On April 13, 2012, the Defendant borrowed KRW 200 million from the victim E for business purposes, and set up a maximum amount of KRW 260,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

As above, the Defendant borrowed KRW 200 million from the injured party to set up a collateral for transfer to the six machinery located in the factory of the above company as collateral for this, and thus, there was a duty to keep the collateral for transfer until the injured party fully performs his/her obligation.

Nevertheless, around May 2014, the Defendant arbitrarily disposed of six machinery in the factory of the above company in order to pay employee's benefits.

As a result, the Defendant acquired the economic benefits from the market price in violation of the above duties, and caused the victims to suffer economic damage equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness E’s legal statement statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 【The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of the recommended punishment】 The basic area [4 months - 1 year and 4 months] of the crime of embezzlement and breach of trust : The consideration of the details of the disposition of the security, the place of the use, the payment of interest on a considerable portion, the good power, the effort of the rehabilitation patients after failure of business and the support relation / The decision of the sentence / The decision of the court / The decision of the court / the support person / the decision of the court / the punishment / the decision of the court ] The careful treatment within society rather than the custody in the response.

The punishment of 8 months shall be determined within the scope of the recommended punishment, and community service for the improvement of sexual behavior shall be provided.