A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 29, 2011, the Defendant purchased D Treatment 4.5 tons of wing wing from B in the name of the non-commercial office located in Gangseo-gu Seoul Airport Dong, and agreed to obtain a loan from Aju Capital Co., Ltd. for the damage of KRW 63 million. From March 29, 201 to March 29, 2015, the Defendant paid KRW 1,312,50 each month to the victim company for KRW 1,312,50 until March 29, 2015. However, the Defendant agreed to prevent any arbitrary disposition, such as transfer, lease, and establishment of pledge, etc. of the said cargo vehicle, and concluded to set up a mortgage on the said cargo vehicle at the victim company.

In accordance with the above agreement, the Defendant, as a good manager, had a duty to keep the said cargo in custody in order for the victim to achieve the purpose of collateral. However, in violation of the above duty, the Defendant sold the said cargo to the person who was unaware of his name in the used vehicle trading company around Pyeongtaek-si on October 2012 and made it impossible for the victim company to exercise the mortgage by making it unclear the location of the said cargo.

Accordingly, the defendant acquired a property interest equivalent to KRW 13 million and suffered a loss equivalent to KRW 50,528,475 from a victim company.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. An agreement on automobile loan;

1. Application of the motor vehicle registration ledger and the motor vehicle registration ledger (A) and Acts and subordinate statutes;

1. The grounds for sentencing under Article 355(2) and Article 355(1) of the Criminal Act regarding criminal facts and Article 355(1) of the Selection of Punishment Act [the scope of recommending punishment] [the grounds for sentencing [the scope of recommending punishment] No person who does not have any basic area (from April to January 14) [the person subject to special sentencing] [the decision of sentencing] [the decision of sentencing] six months by imprisonment with prison labor and six months by taking into account the circumstances in which it appears that a person would not make any effort to recover from damage even if the amount of damage caused by the instant crime is not significant, the sentence is determined as ordered