A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

On April 9, 2013, the Defendant: (a) operated the PC with the trade name “C” in Ulsan-gu, Ulsan-gu; (b) purchased 63 monitors and 1 servers to be installed in the said PC from the victim CS SP Co., Ltd. with a 24-month amounting to 26,950,000 purchase price; (c) provided 63 monitors and 1 servers to the victim company as security for transfer in order to secure the payment of unpaid goods; and (d) installed and used the said monitors and servers in the said PC by means of possession amendment.

Therefore, the Defendant was in a position to handle the affairs to faithfully keep the above monitoring and server for the victim company until full payment of installments is made to the victim company.

Nevertheless, in violation of the above duties, the Defendant transferred the said PC’s business to D while transferring the said PC’s business to D without paying KRW 16,976,432 out of the purchase price, and transferred the said PC’s 63 monitors and one servers provided as security to the victim.

As a result, the Defendant violated his duty, thereby preventing the victim from being repaid the amount equivalent to KRW 16,976,432 of the remaining debt guaranteed by the above monitor 63 and server 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint filed by the F;

1. Investigation report (to make a statement by telephone of a witness);

1. A copy of a contract for installment sale of goods and facilities for business use;

1. Application of statutes on a copy of a notarial deed;

1. Article 355 (2) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (less than KRW 100 million) and the basic area (from April to January 4) (special person) of the sentencing criteria; and

2. The Defendant’s reason for sentencing is to ensure the payment of the price for the goods purchased from the victim company with a monitoring unit for PC.